Research On Zhuxi's Legal Thoughts

The Chinese legal system creates a unique style in the legal cultural history of the world with a famous reputation of its richness in meaning. Chinese ancestors observed the living things nourished by the nature and concluded the principles that mankind living in this universe. So they produced a legal culture has a strong ethic color. The legal system has made significant contributions to world civilization.The traditional legal culture includes legal system and legal thinking. Since the Han Dynasty adopted Dong Zhongshu's "Prohibit 100 schools of thought, encourage Confucianism only" proposal, Confucianism gradually absorbed Taoism, Legalism and other thoughts. Confucianism form the "three discipline and five principle" which was the core of feudal legal orthodox thoughts. From then until the end of the Qing Dynasty legal reform, orthodox feudal spirit of the law has not changed.In feudal orthodox legal thinkers, Zhu Xi is the most representative one. From Wei to the Sui and Tang dynasties, Buddhism,Taoism is rising and the feudal orthodox Confucian thinking is facing a tough challenge. Some scholars as Han Yu, Liu Zongyuan dissatisfied with the reality of recession in Confucianism, and put forward the "tradition of Tao" theory, but the combination of Buddhism and Taoism, making the legal feudal orthodox thinking more philosophical is achieved by Zhu Xi.This paper based on five aspects of jurisprudence, administrative law, criminal law, economic law and Zhu Xi's history background to analysis Zhu's legal thinking. Zhu's legal thoughts is built on the basis of his philosophy. He thought that Tai Chi was the origin of everything, everything is embodied in the "Tian li" philosophy, that the human ethics, etiquette, and law is a reflection of nature. So it has the philosophy of natural law thinking. Zhu Xi from the thought of "Searching for Change, said by Yi; Add and reduce, we can see that is included in the Analects "perspective, thought the law should changes by the change of times and environment. Confucian yearned for virtuous person politics greatly. Zhu xi is no exception, he thought that the legislative should make known to the public, the politician should be self-respect. He suggests to the rulers, the rulers should be self-ruling and conduct of their performance in external, to achieve virtue.At the time Zhu xi lived, the feudal economic and political system had begun to slide. So Zhu xi advocated of the rule of virtue, but also stressed the heavy penalties. He also proposed the resumption of corporal punishment. Meantime, Zhu Xi from the standpoint of protecting the feudal autocratic monarchy proposed that the monarchy is the expression of "nature", and cover the absolute monarchy with a cloak of philosophy.In Southern Song Dynasty, the country was still divided, the social problem was serious. Zhu Xi advocates the development of agricultural production, settled people's lives, and severely punish corruption. He advocates minimal tax burden to rest the people, the rulers should to control their desires. The leaders should make wholehearted devotion to peoples and be able to maintain national stability and prosperity. Meanwhile, he thought that the government should eliminate redundant soldiers, updating military organization, giving local government more financial and military power. He proposed improving the country's monetary system in order to prevent inflation, reduce spending and ease the financial pressure of the government.Zhu's thinking acquired a dominant position as the orthodox doctrine at Yuan, Ming and Qing dynasties by the advocates of the feudal rulers. This is not accidental. Because his philosophy was a joint product of physicists in the Tang and Song dynasty. His legal thinking summarized the feudal law orthodox thinking of 1,000 years feudal society, and it wears a coat of philosophy. It tended to be more systematic, more philosophical, and even more careful. His propositions in reference to "the problems and disadvantages of the law and society" was feasible. However, we should not neglect the negative aspects of his legal thinking, the thought of "preserving the natural order, annihilate desire " which adapted to the feudal society rulers maintained "three discipline and five principle". It created the phenomenon of "murder by Li". Because of the promotion of the rulers, Zhu Xi's thoughts spreaded to all aspects of society. It duranced the free development of academic, including the legal academic.