Research On Legal Thoughts Of Tao Shu

Tao Shu was a high-class governor in Qing dynasty who has the outstanding achievements, especially in salt affair, water transportion, the reform of river control. Tao Shu gradually formed his own legal thought in the administration process, and Tao Shu thought the government could not emphasize one thing at the expense of another with the rule of law and rule of people. Therefore he not only advocated " the unification of the legislation", "the clear regulation to governor remote regions", strict legal making and implementation, And formulated, implemented the massive administrative rules and regulations, the criminal laws and regulations as well as the economical laws and regulations in the administration process and soon, simultaneously he advocated emphasizing government officials'inspection and selection. He pay attention to union of rule by people and government by law. Tao Shu also pays attention to the utilization of law when maintaining the public security, "eliminating gangsters needs additional serious laws", Tao Shu thought the severe laws must be formulated to attack and eliminate the banditry, whether in addition the laws have the true social effect but also lies in whether the law gained true enforcement. Therefore Tao Shu requests the subordinate to arrest gangster legally and severely, making sure that the criminal offenders receive the severe legal punishment by all means, but these derelict the government officials should receive the punishment practically. On the other hand, he paid attention to people's hardship, observed the public feeling. He though food and clothing of the common people was the important reason of the social turbulence, therefore Tao Shu can take each kind of means to reduce bear of the common people when suppressing riot, to comfort the populace. However the flash of his legal system thought lied in breaking invariable tradition of several millenniums ancestors, he said: "if the laws is not suitable to social situation, them can be changed by the imperial inspector." He eradicated the old habits and vigorously develop the industry and commerce, draw up and implemented a series of the economical and legal systems about the tax affairs, the finance, the currency and so on with the color of modern capitalism legal system that maintained the free competition mechanism, had made the foundation contribution for the Chinese's development of modern economical and legal systems. Tao Shu's legal thoughts were inherited by the afterwards Hunan- talented person community, and they take place of the fallen impelled the Chinese big t ransformation of modern legal systems.