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Study On Ideologies Of Law About Hanfei

Posted on:2008-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
GTID:2166360215990145Subject:Legal theory
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The dissertation can divide into six sections, the first one is Exordium. Hanfei has completed the ideology of law which integrated"fa""shu"and"shi"theory based on summarization of prophase"fa"specialists, it has a great affection to the modern law spirit system of today.The times background and origin of law ideology about Hanfei was analyzed in the second section. The disintegration of"jing-tian system"and"patriarchal clan system"has influenced the society greatly. So, the origination of law ideology about Hanfei was the practical requirement about that time—for country's flourishing. Hanfei has combined the"fa"theory of Shangyang and"shu"theory of Sheng buhai and"shi"theory of Shengdao, advocated to set up the absolute monarchy. The"fa""shu"and"shi"theory was influenced by various specialists, which has a profound origin of"ru""dao"and"mo".The theory groundwork of Hanfei's law ideology was expatiated in the third section. It can be divided into three parts: The viewpoint of ontological inaction about rewards and punishments; the philosophy of humanism and philosophy of historical evolvement. Hanfei considered that aristarchy is not necessary to administer a country, but the rewards and punishments system plays a key role in country's administration. Because of the human nature, the rewards and punishments system can work effectively.In the fourth section,"fa""shu"and"shi"theory system was illustrated elaborately. We have to realized that"fa"which Hanfei has ascensived is differ from the"law"in the current conception. The dissertation analyzed the feasibility of"fa"about Hanfei from criterion functions and circulation of society. If we need to apprehend the"fa"of Hanfei , we have to clear about the relation between"fa"and"shu""shi". Hanfei protested that"fa"is the main artifice of country's administration, he regarded the"fa"as the rule which everyone has to abided,"shu"is the method to achieve"fa", and"shi"is the activator of"fa". Only the"fa""shu"and"shi"theory has combined, the perfect world can appear. The core of Hanfei's law ideology is"fa", the"shu"and"shi"should be work in the social system simultaneity. Therefore, Hanfei protested that"fa""shu"and"shi"has combined, the country administration can bring out best in each other.The fifth section is far-reaching infection about the law ideology of Hanfei. Hanfei's law ideology contains affirmative ingredients and negative ingredients. At the feudalism autarchy, the objectivity of law enforcement is impossible. However, in the surroundings of harmonious society today, Hanfei's theory also plays an important role in establish a steady social system currently. So we have to take an objective view about the law ideology of Hanfei.The sixth section is conclusion. Hanfei's law ideology is corresponding to the law spirit of harmonious society of today, it will bring a grand significance in law construction forever.
Keywords/Search Tags:Hanfei, "fa", "shu", "shi", law ideology
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