| Crime is a social and historical phenomenon. With the development of social and civilization, crime is becoming a global social problem, Many ideologists, from antiquity to today , have given a deep thought about it in China. The Confucianists and the Legalists in the preceding Qin Dynasty period (they were abbreriated to "the Confncianists"and "the Legalists"in the following chopters),for one hand, separately concluded the former thought about anticrime, had a great development and made it a systemtic and specific one; on the other hand, they mixed together in the end after long opposition to each other and had a important and unreplacement affect. So they worth particular notice. I The Development of the Confucian and the legalistic Ideologies about Anticrime1 The Formation and Development(1) The Chinese ancient thought about anticrime shoots in Xia Shang and West-Zhou dynasty. Although it was not systematic, it formed the outline of the Chinese ancient thought about anticrime.(2) Various ideologies appeared in the Spring-Autumn and Victorious-Nation period and promoted the research on the problem of anticrime. The Confucian and the Legalistic ideologies about anticrime formed and developed in such surroundings.(3) Confucius laid a foundation for the Confucian ideology about anticrime, Mencius developped it and Hsun-tzu made it more perfect. The Confucianists thought that human nature was similar and surrounds had a important affect on it and changed it, that causes were various to crime, so the measurement for anticrime was multiple, that we should govern the country by Li ,give penalty fairly, develop economy, rich the people and teach them , and that De was important than penalty.Shang-yang laid a foundation for the Legalistic ideology about anticrime and it was developped by Han-Fei. The Lagalists thought that human nature was evil and unchangable and all thought for themselves, that human nature was the main cause to crime, that we must govern the people by law, rely on penalty and award, give a heavy penalty to a slight crime, and make the people weak and country strong .2 The Mix of the Confucian and the legalistic ideologies about AnticrimeWith unitary state's coming, the two ideologies mixed. Law and Li ,De and Penalty,etc. mixed together in a ideology about anticrime. II The Comparison of the confusian and the Legalistic Ideologies About Anticrime1 The Comparison of the Theoretical Foundation of the Ideologies About Anticrime.(1) The Theory of Human Nature . The Confucianists thought human nature similar. But many things including teaching and surrounding had a great affect on human nature and changed it more and slightly . So these things had a important affect on whether a person made crime. However, the Legalists thought human nature evil and unchangable .(2) Causes to crime. The Confucianists thought causes to crime were various including economical, political and other causes , so the measurement also should be multiple. However, the Legalists thought that the main cause to crime was the evil human nature . According to human nature ,we should take the measurement of penalty and award against crime.2 The comparison of the main viewpoint of anticrime(1) The Confucianists thought that the governor should govern the country by Li to prenvent fromcrime.The Legalists thought that law had to be used to against crime.(2) The Confucianists maintained that De was important than penalty.Teaching about De should be given specific notice in preventing from crime.Penalty was unimportant for anticrime.The Legalists held that because of the unchangable evil human nature ,the governor had to abandon De and used penalty and award only , especially penalty , to prevent from crime.(3) The Confucianists hold that penalty should be used prudently and mediumly . And penalty should be accordant with crime.The Legalists,however,maintained that in order to prevent from crime,a heavy penalty had to be brought to a slight crime.(4) The Confucianists... |
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