On Embodiment And Reference Of Harmonious Thought In Ancient Legal System Of China

Harmonious thought is an important part of Chinese ancient culture, is the essence of Chinese traditional political and legal thought. As a kind of national culture gene, harmonious thought develops with the development of Chinese history. In the ancient period, the harmonious concept between Yin and Yang has been originated for explaining the natural phenomena. The concept was admitted and reformed by Dong Zhongshu for explaining the regulations of Tian (The meaning is the universe).He said the harmony between Yin and Yang is Tian Dao. He regarded the relationship between Tian Dao and Ren Dao is Ren Dao should follow Tian Dao and human should obey Ren Dao. By explaining the harmony between Tian and human, Dong Zhongshu apply the harmonious concept to the social practice. He regard as the relationship between Yin and Yang, between Tian and Ren, the family and country, Li and law should be harmonious. Harmonious thought is further rich and perfect with the history development and goes into common people's life by various systems, including legal system. It becomes one of the thought with the deepest culture basis and the broadest accept in Chinese tradition culture. This harmonious thought dominants the ancient Chinese legal system design.The harmony thought between Yin and Yang, Tian and human affect some legal system appeared, such as judicial season system, disaster pardon excuse, organism's habits protection system and so on. The harmony thought between family and country affect the other legal systems appeared, for instance, the Wu Fu penalty system, the system of pardon a death penalty for supporting one's parents, the system of evidence duty immunization between relatives and so on. Such as the BA YI system, government post expiating crime system, the most serious ten crimes system is derived from the harmony thought between Li and Law. These systems have both correct and mistaken aspects. Except some aspect of Feudalism, many systems, as the system of evidence duty immunization between relatives, the Mediate system, incorrupt government system, are the pith and marrow in tradition legal system, not only reflect the higher legislation level in that times, but also have rational existence basis in modern law theory. Draw lessons and absorb these legal system is beneficial to building harmonious society of socialism.China is confronted with many puzzles and chooses in the process of running after the ideal of ruled by law. But if we have given up the effort of exploring harmonious thought in culture, probing rule by law-rization, being modernized from tradition, China will become a country of no law tradition and culture basis. Some tradition legal systems and the harmony thought between Tian and human, Li and law, family and country should be absorbed for building a country ruled by law, for building a harmonious society of socialism. As the rationalism culture coming into being the modern civilization of ruled by law in the west, Chinese tradition culture is the basis that Chinese flower of ruled by law bloom. As the diversification of civilization, the route to the ruled by law should be diversified. Taking Chinese tradition culture as basis, absorbing whose marrow and connotation, being related to Chinese present conditions, china will build up the legal system being suitable to itself and eventurely the ideal of ruled by law will come true.