Infection Of The Philosophy Of Harmony And Integration To The Balance Theory

Philosophy of harmony and integration is the corn and pitch of Chinese traditional culture, the content of which contains value outlook and methodology. The former can be summarized as: combination of nature and human, original integrative administration conception of simple harmony; the later includes difference of elements, conformity of configuration, transform of resonance, selecting of function and re-prevalence.The value, function and methodology in law of philosophy of harmony and integration were deduced to "keep harmony", "keep harmony between two things" "keep harmony with time", and then produce profound influence to Chinese law culture. That influence, when specified to administration and law system, manifested as: "the law was made by the sovereign" and "select the sovereign for people" "select the sovereign" and "supervise the officer"; "directed by ceremonial rites and regulation" and "penalized by the criminal law" and so on. From the angle of philosophy of harmony and integration methodology, the grasp of the concept of position of 'monarch "and civilian' belongs to the difference of elements; "the law was made by the sovereign" and "select the sovereign for people" is the structural integrative part of the postulation of philosophy of harmony and integration; " select the sovereign" and " supervise the officer" is the medium transform mechanism of encouragement and restriction; and "directed by ceremonial rites and regulation" and "penalized by the criminal law" is undoubtedly the functional preference in the inner part of administrative legal system in philosophy of harmony and integration. Of the three facets, the Balance Theory of Chinese ancient administrative law and modern administrative law under the influence of philosophy of harmony and integration has the astonishing similarity which manifests that the latter also pursues power and right balance of power structure; the balance of encouragement and restriction system between administrative subject and the parties; the balance of...