Legislation And Institution Of Unified Emperor System

One hundred years ago,both the scholar Wang Guowei and the politician Li Hongzhang sighed that the situation at that time was "at a changing state,unprecedented since Yin and Zhou Dynasty","grand turns unseen for 3000 years".Up to now,the modern transition of Chinese society,a close concern of scholars,hasn't reached its destination yet.If the value of academy lies in its watch of reality,the study of reality should be accompanied by tracing history,finding direction with reference to the coordinate of history.On examining the current modern transition of Chinese society,recognition of our traditions is a must.In this modern society,our ways of life,languages and believes are estranged with our traditions.So what kind of understanding do we have about traditions,and how do we understand them?Mr Zhang Shunhui had once put forward the suggestion of "understand a Pre-Qin person from the perspective of Pre-Qin times,understand a Qin-Han person from the perspective of Qin-Han times",meaning we should turn back to our traditional ways of thinking.For this very reason,the author chooses Xin Yu as his object of research,seeking to find out the original logic of traditional Chinese law society.As for researching method,the author reads,analyzes Xin Yu and investigates its "inner logic" under the principle of "by facts" and around the core of "text".Meanwhile,the author tries to make clear the book's status in the passing of thoughts by associating it with the history of thoughts,and to reveal Lujia's consciousness of problems by combining it with the history of institutions.Why Xin Yu?First,from the perspective of politics history,the transition from Zhou Dynasty to Qin Dynasty was the greatest in 2000 years.The change from Enfeoffment System to County System was the greatest of ancient Chinese system."Sweeping and unifying the Six Kingdoms,heroic was the king of Qin！" stated Wang Chuanshan in the first chapter of his work On Reading History as a Mirror.After swallowing the Six Kingdoms,Emperor QinShiHuang carried out immediately a series of legislations:unifying the world, coordinating systems,conforming wagon tracks,using the same character system in books, abolishing Enfeoffment System and establishing County System.From then on,a unified Empire System had taken the place of Enfeoffment System.Although the Qin Dynasty only witnessed two empires,its political system was inherited by the Han Dynasty with modifications.Empires of Han Dynasty perfected that political system and eventually built up the basic structures of the political and law system of a unified empire,which was influential and kept unchanged for 2000 years.Thus Tan Sitong said,"Politics of China,for 2000 years, remained the same as that of Qin".Extremes though the statement goes to,it makes sense.Second,from the perspective of the history of thoughts,this period marked the ending of Philosophers Period and the beginning of Classics Reading Period.Each school of thought tried to integrate Pre-Qin learning in order to make itself an official doctrine of politics. During this period,the competition among philosophers was particularly fierce.Han Feizi and Li Si made Fajia's thought an academy approve by the authority,while Huai Nanzi and Springs and Autumns of Master L(u|:) were masterpieces of Taoist school,aiming at the realization of its political ambition.However,Lu Jia,on behalf of Confucianism,took the first to convince Liu Bang of its thoughts,making him realizing the fact that "a country cannot be governed by force" and "Be armed to conquer and lenient to sustain,for arts of aggress and administration vary." He voiced the first the doctrine of "rejecting philosophies of all schools but Confucianism",finally making Confucianism the only orthodox of ancient Chinese society.So it is said that "the academy of 2000years was indeed the teaching of Hsun Tzu".Third,Xin Yu was not a common work "preserved to be passed to next generations". Ever from the first letter,it contributes policies and strategies to emperors.And its pertinency and consideration of reality was appreciated by Ban Gu,author of Han Shu.Thinkers of Confucianism made reflection over the question "why Qin lost her regime,while Han obtained it" and the causes of "successful administration and bad administration".Then a theoretical system was built up with Xin Yu of Lu Jia being its introduction,Xin Shu of Lu Yi and Chun Qiu Fan Lu of Dong Zhongshu its development and Bai Hu Tong Yi its completion. Absorbing knowledge from ancestors and contemporary experience,those books,on the one hand provided theoretical support for the legality of the newborn Emperor System and the rationality of all the political systems,on the other hand gave directions to legislation of the empire,which influenced substantially legislation of Han Dynasty and the following dynasties.This paper is based on analysis of the text of Xin Yu,and reveals the "inner logic" of this book.It reviews Lu Jia's meditation about legislation and its influence.Totally,there are five chapters.Chapter One mainly exams the conspicuous question on legislation and institution at the beginning of unified Empire System age and the Lujia's response to the question.Chapter Two mainly expounds the traces of the value sources of Emperor System legislation and institution based on The Foundation of the Dao.By tracing the divine order of things, retrospection of Kingcraft and confirmation of the idea of "setting Five Classics and knowing the Six Arts",Lujia found the value resource of legislations and institutions:spiritual principles,historical kingcrafts and Dao of sage.Chapter Three is devoted to the discussion on principles and flexibility in legislation and institution in Xin Yu..Si Wu,inheriting the discussion of "stability" and "flexibility"of the learners before Qin dynasty,started an unprecedented path of "preserving stability while response to changes",thus solved the conflict between principle and flexibility.Chapter Four aims to the problem of Emperor's Dao discussed by Lujia.Wu Wei,Shen Wei,Ben Xing,,Fu Zheng Zi Zhi,Bian Huorevealed the principle of Emperor's Dao.Chapter Five mainly examined the influences on the legislation of Han Dynasty by Xin Yu.and it's details...