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Confucian Righteousness And Profit With The Traditional Chinese Legal System

Posted on:2007-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:L P ChenFull Text:PDF
GTID:2206360185984730Subject:Legal history
Abstract/Summary:PDF Full Text Request
As the main idea of feudalistic society, Confucian's viewpoint of justice and benefit has deep influences on nations character, value tend and action mode。 And its influences on Chinese traditional legal system profoundly and wide。 Chinese traditional law culture has another name is ceremony—law culture。 We can see Confucian's viewpoint of justice and benefit has intact relation with Chinese tradition legal system。 They are unite into one point。 Confucian's viewpoint of justice and benefit has influences on the idea of tradition legal system, instruct the construction of legal system, and become one part of Chinese ethic law。 Chinese tradition legal system has different character of idea and system from the west。 Put emphasis on duty, penalty, paradigm legal system, public law is well developed and private law lays far behind, these are unique contend of tradition legal system 。 At the same time, in order to find the reason of these, we need to give further study about the relation of both。 In today develop the society of rule of law, put emphasis on the idea of ruling the country through law, we need traditional content, a kind of ideal instruction and help。 Confucian's viewpoint of justice and benefit has important value in history, so it become the best object which is followed in developing the society of the rule of law。 This article firstly is about influences that Confucian' s viewpoint of justice and benefit acts on Chinese traditional legal system, then give analysis about how Confucian's viewpoint of justice and benefit influence the idea and tradition legal system, Confucian's viewpoint of justice and benefit fit with tyrannical society, give help to feudalistic kingdom。 Studying the relation of Confucians viewpoint of justice and benefit and Chinese traditional legal system, this is starting , in order to find theory basis for the construction of the society of rule of law。 About the relation of Confucian's viewpoint of justice and benefit and the rule of law, we can see it is impossible to construct new viewpoint of justice and benefit, as Confucians viewpoint of justice and benefit has much well contents。 Another point is that it is necessary to follow Confucian's viewpoint of justice and benefit, as the construction of modern society of rule of law need tradition。...
Keywords/Search Tags:Confucian's viewpoint of justice and benefit, china, tradition, legal system
PDF Full Text Request
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