Tang Code A Modest Proposal For Name Case Law "on Confucian Philosophy Of Law

Abstract:The philosophy of law of Confucianism refers to the system of basic point-view and underlying perspective with respect to lv (act) and fa (law) in the proceeding of traditional philosophy of Confucian thinking about political affair and legal system of country in ancient China, and it is the most important aspect of Confucian philosophy。The value of law and the idea of law of the philosophy of law of Confucianism, the essential criterion of law in the affairs of policy and law in country, the reality regime of of law in the affairs of policy and law in country, construct jointly the legal system of ancient China。The thesis the study about the philosophy of law of Confucianism of "Tang lv shu yi" confronts firstly with the value of law of Confucianism。The theme sets forth the attempt to announceing the historical reason in the spreading history of that code, furthermore, the culture reason of itself from two aspects to resolveing three matters。To begin with, the two aspects involve in the philosophy of Confucian and the confucianism provisions of code。The philosophy of Confucian concertrating on the implement of "De zhu xing fu" in legislation, judicial practice and enforceing the law will talk about the ideology of sky and the human nature in two chapter and three。The confucianism provisions of code compartmentalizes fifty-seven provisions into three parts including the cautions of punishment, the rite-legal ideology and the pattern of judicial practice of rite-legal-penalty in four chapter。Moreover, the three issues refer to the legal nature, the rationality and the scientific nature of "Ming li lv", even the whole act "Tang lv shu'yi" such as national code。The lawmaking procedure includes the research of legal relations, the demonstration of expertors, the making a draft, the geting through by commission, etc, which would guarantee the legal nature, the rationality and the scientific nature of code in modern society。Although its lawmaking proceeding in ancient society differs from modern legislation, ancient legislation may place considerable emphasis on this issue to keep the balance between the legal nature, the rationality and the scientific nature。Taking "Ming li lv" an example, it carries out the ideology of "de zhu xing fu " in legislation procedure so the code itself being in the possess of three issues discussed above, otherwise it would not。The implementation of "de zhu xing fu" instead of completely the complexity proceeding of legislation in ancient society。The legal nature and the rationality of the philosophy idea of "De zhu xing fu " can be explained by the ideology of sky and the human nature of Confucian philosophy, and the special ideology in ancient China brings about profound influences on the fundamental framework and the elementary pattern about thinking.