| The purport of the thesis is to study the origin and formation of Nihilism in ancient China's law , to analyze its influence to the construction of ruling by law . The whole thesis is respectively expounded from five aspects (Taoism ; the collapse of Qin Dynasty ; combination of Confusianisim and Legalism ; three pillars of ruling by law ; transcendence and dream ) ,in which the logic of reason and history is closely followed . The thesis argues much deeper how the combination of Confusianism and Legalism influences Nihilism in ancient China' law , meanwhile the harmfulness from the superior Confusianism and inferior Legalism can be found . Furthermore , that the void of three pillars of ruling by law is the hotbed of Nihilism in the law is analyzed from the inheritablity of tradition , the originility of history process , and the unitarity of mainstream culture , that is , from the angle of Chinese " soil " . The article is based on the analysis of the tradition of China's law , especially that of ancient China's law, In order to explain the formation of Nihilism in ancient China'law . The purpose is to gain certain knowledge value , meanwhile to try to study the Nihilism in ancient China's law's reverse influence to the modernisation of ruling by law from the point of view in which the tradition is automatically inheritable . Therefore , the thesis has certain knowledge value and significance of directing practice .The thesis argues the formation of Nihilism in ancient China'law . One side is for comprehending the tradition and understanding the historical and traditional elements that still have effects today . The other is for the construction of the contemporary ruling by law in China . And to study its foundation is for finding the serious harmfulness from Nihilism of law . This thesis expounds from the following five aspects :Firstly , Nihilism in ancient China's law originates in the Taoist religion . The Taoist religion deals with the inaction of collapse of ceremony and destruction ofmusic and abandoning ruly of etiquette according to the situation, along with Zhuangzi's absolute liberty and absolute inaction, which are not only its philosophical foundation of emergence , but also its practicle performance .Secondly, Qin emperor's on the importance of legalist thoughts and the sudden collapse of Qin Empire during the Qin IPs reign become the catalysts to the formation of the Nihilism of law . The lesson of Qin Dynasty is admittedly severe , but after Han Dynasty people's introspection is hard to avoid the possibilities of hypercorrection . It must be another important factor .Thirdly , the conbination of Confusianism and Legalism is the chief cause for formation of Nihilism of law . The principal respect on the combination of Confusianism and Legalism is the superior Confusianism and the inferior Legalism . It essentially negates the beneficial part of the tradition of ruling by law in Legalist thoughts , especially the positive part, for example , the spirit of abiding by law , which is the foundation of ruling by law .Fourthly , three pillars of ruling by law , refer to the three phases : the market economy , democracy , and the accomplishment of the populace ( mainly the liberty of individuality ) ,their void is the hotbed of Nihilism in the law . For ruling by law , the market economy is its base , the democracy its framework , and the liberty of individuality its lifeline .Fifthly , the concluding remarks are transcendence and dream . To overcome the influence of Nihilism in ancient law ; to surpass the persons and the affairs that come from the setting in the specific histories ; to reconform the ancient thoughts and bring forth new ideas , and make it bring out the new transmigration in the modernisation context and endow it the connotation of times . With them , let's go to pursue our dream------ruling by law .
|
PDF Full Text Request