Study On Dong Zhongshu's Law Thought Of "Chunqiu"

The Chinese law thought source flows far long, Dynasty XiZhou was period to establish the law of "Li" namely, " The officialdom can't give penalty, the civilian can't give a social morals " was its penalty principle, and establish gradually Qinqin, Zunzun etc. law thought. But during the period of Chunqiu and Zhanguo, The dignity of the royal house on the decline, the Li collapse, the soil collapses to break up on the political, thoughting to let a hundred schools of thought contend up. The Qin Dynasty worships the Legalist thought after unify, "Emphasize penalty rather than morals", take Judge as teacher, the legal system is rutlessness, hence exterminate with the result that two Generation. The ruler of the Han Dynasty absorbs precept of Qin Dynasty, the beginning has no with the HuangLao Thought to cure the country but to do nothing, and make economy recovery, the national strength is gradually strong. Go to the middle, HuangLao Thought already no longer orientation the demand of the ruler, but take the thought of "Prosperous then and well world, poor then conduct oneself virtuously" as a predominant Confucianism to outshine others at numerous schools.The great Confucianism scholar Dong Zhongshu thorough research《Chunqiu Gongyang Zhuan》, His Chunqiu thoughts is abundant, and the logic is careful. He is an accept of Chinese law history of thought it may be said Accept previous incarnation apocalypse future generations. He accepts the Legalist thought up, and permits various schools,and founds Confucianism of Li, becoming a new law view, that influencing the whole law thought of feudalistic society. Dong Zhongshu speaks of from "the celestial spirits view", speaks the Tian is the ancestry of the creation, the Emperor accepts order in Tian, the world accepts order in the Emperor, hence Tian, Emperor, civilian contact together, top-down constitute the grade of the pyramid type, but this kind of mysterious theory dosen't give monarch with go to high and highest authority. He can't surmount the will of the Tian, nor can't even disobey the way of the Tian, because Dong Zhongshu speaks the God signs a Emperor for civilian, and requests monarch to examine closely the people live and feel every moment, goes world by moral to follow God's way, so-called "bend a people and stretch a Emperor, bend a Emperor and stretch a Tian". The Emperor conduct and actions because of accept order of Monarch, need a method to receive for Tian originally, sign toward take Santong as positive, choose minister with virtuous is up, according to Wuxing of variables, four Seasons' transformation to Rule a nation.The Zhouyi said that" a Yin and a Yang constitute the way" .the reason of the Yin and Yang is the method of the sage. Dong Zhongshu speaks from Tian to person, and thinks person and Tian to be mutually vice, the nature and man unite as one, and the person is expensive for world most also, also accepts order by person in Tian,Then leads the derivation of "the nature and man respond" ory. The monarch cures the world, needing to understand thoroughly nature's law, treating subjects of a ruler and giving the rite culture, because the person's temperament contains three articles, and the person all have "carry weir. Only giving the kind and justice culture, expanding the kindness thought, the society then can be harmonious. But when virtuous shortage with disorderly, then should cure it by penalty. For Tian still Yang but not still Yin , so Rule a nation with virtue but penalty. In social moral is originally, penalty is end.From the celestial spirits view to the penalty theory, Dong Zhongshu covers the Confucianism under the veil of mysterious doctrine, intenting to promot Confucianism,persuading the ruler implemented Confucianism but penalty thought to improve since Qin Dynasty the ruthlessness of the law. So he thinks the law needs the good luck feeling but make, should breadth with penalty;Definitely the jail, should cite righteousness of "Chunqiu" that the original ambition sentence,which called "Chunqiu jail definitely". Li emphasize Ambition, so "Chunqiu jail definitely, clear its matter but original its ambition", since want to pay attention to objective fact, and then want to observe the behavior of person's crime motive to wait subjective mental state.Then the ambition is treated by evil, the chief culprit offense especially heavy, keep its theory originally lightly. The Chunqiu Judgement, when the law still not complete is a basis judgment of a kind of complement, and it also pushes the Confucianism of the law to turn;But But afterwards, it has irregularity in the enforcement,which criticized by modern scholar.Dong Zhongshu responds a theory from the celestial spirits view derivation of the divine right of kings, emphasize that Rule a nation should Make use of morals but penalty;From righteousness of Chunqiu deduces the method that definite jail: The ambition sentences at first. Constituted his logic system from here: The celestial spirits view(thedivine right of kings)——penalty view(the nature and man respond)——hears the jailmethod(Chunqiu Judgement ).Then Dong Zhongshu as a great master, pushes forward the Confucianism Law confluence in the Chinese feudalistic society, influences profound.