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Analysis "the Inactivity" Of "Huang Di And Lao Zi" At Juristical Aspect

Posted on:2009-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhouFull Text:PDF
GTID:2166360245463886Subject:Legal history
Abstract/Summary:PDF Full Text Request
Through to combing of the current research about Huang di and lao zi's"the inactivity", we find that the present research situation to this question mostly constrained by the philosophy or the politics, but few from the view of legal science .So I determined to carry on the explanation by the research direction of the legal science theory to Huang di and lao zi's"inactivity".We usually believed that the freedom, the democracy, legal system's content is lacking in our tradition political life, which thus causes China stepping onto the autocracy road from the Qin and Han Dynasty. But when we make the analysis about Huang di and lao zi theory's representative works through " Four Theories Of Huang di" ,we get discovers:"Natural law",human nature and other thoughts in" Four Theories" which is also interlinked with the contemporary thought's value,"Natural law"value about based on people can transform into the democratic idea which is containing to the free pursue of the human nature. What's more, through the constitution analyzing of"inactivity", we excavates the content of restriction to the highest authority ancient times. This kind of restriction to some degree is the construction of the constitutional government in ancient times if we just take the constitutional government as the authority division and the operation mechanism.This article is precisely utilizes the angle of the contemporary legal science to analyses"the inactivity"by taking the Huangdi and lao zi's representative works " Four Theories Of Huangdi" . (also and "the Dao De Jing") ."the inactivity"the thought analysis, we tries to promulgate this classic which contained contemporary legal science value。In view of difficult position of China constitutional system, we have the duty to excavate the system from the cultural resources that we needed and it is especially urgent to realize the creation transformation form the traditional resources to modern legal science value.
Keywords/Search Tags:the Four Classics of Huang di, Tao, the inactivity, Obeys the human nature, System theory
PDF Full Text Request
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