| The national system of the society in West Zhou Dynasty is recorded in Zhou Li, for example, officer system, educational system, farmland system, soldier system, penal code, social morals etc. Among them, the most important systems are the ancient clan system, feudal system and well farmland system. The ancient clan system is the social aspect, the political aspect is a feudal system, and the economic aspect is the well farmland. They are complement for each other, constituting a integral whole. Among them, ancient clan system is for eliminating disputes of inheriting, and to urge a nation to synthesize a big household from the Emperor to a normal person; The land giving system makes different nations strict each other and makes them guard "king's soil" together to form the consciousness of big race; The well farmland system then maintains the nutrient of this form of governmental life. However, since east Zhou Dynasty, the feudal system collapses gradually, and the social organization also changed a lot. With significant development of Economy, the newly arisen Businessman made huge impact to the old nobility. Take a wide view of the whole society: The technical progress, the growth of wealth, trades of development, the population multiplies greatly with the landscape extend, made west Zhou Dynasty the nobility of this kind of clansmen type rule the way seem to be unpopular with dated. Previous well farmland system is been privately owned by the land to make gradually replace, but the newly arisen nobility passed land or business backlog a great deal of wealth, the old type nobility which replaces a house world ruled. Want to rule a large territory in this kind of case, and make the subjects of a ruler obey, have to adopt 1 kind than old type nobility form of government stronger and valid governance method. To this, all countries carried on investigating and trying progressively. Produced the tendency of absolutist centralization gradually.The collapsing of old customs authority and spirit authority produced a new problem together with the then political reform. The social change needs new theories system, causing the thinkers issue. People have to abandon a tradition and find out a new guideline, so appear to let a hundred schools of thought contend of situation. Among them with the method issue concerning the gift and the method most for vehemence, also influence to the future generations biggest. Method two wars with the victory of Legalist but tell eventually. The Legalist thinks the severe law is the only method, which supports social order and safety. Legalist's way to royal ancestors doesn't report imagination, think the ages changed, the problem-solving method also wants variety. The ruler can't depend on morals to carry on governance, but have to pass a prize and punishment (namely rigorous penalty) to carry on governance. They emphasize build up a set of widespread fixed relation which take to have an affection color of law system and government and people's for applying, this is doubtless 1 of the future generations absolutist thought to constitute part, actually but is adapted at that time to larger, the demanding outcome of more complicated political system. Result in the gift cure on the other hand as a result and the fusion and the compromise of rule of law. Express in another one on the side, the feudalism absolutist system builds up, but the ancient clan system wasn't broken thoroughly. But this kind of complete victory didn't keep on too with long hours. Along with two of Qin Dynasty a life times but after it but sign of Han Dynasty, the Confucianism, which appears law, turns trend. The Legalist is an academic group of independence to disappear gradually, but the Legalist thought be been not abandoned completely. The Legalist thought all has direct influence to the economic politics of Han Dynasty. The Han Dynasty appears the trend that the law Confucianism turns the social standard absorbability that "gift" of Confucianism makes sure enters code of laws. The spirit of gift that the Confucianism initiates is even the concrete norm of the gift, being all written directly into the code of laws, blending with law together. Can say, Han Dynasty law becomes and permits the mixture of Confucianism and Legalist theory.The the Qin and Han Dynasty time, is being in the new dominant order establishment time. The entire society has had the tremendous change, Specifically says: In the social system aspect change is, the ancestorlegal system collapses day after day, the blood relationship relationsis day by day loose; In the political system aspect change is, seals the organicdeterioration; The economic system aspect change is, the well field systemdisintegrates, the system of private ownership of land is in vogue; In the social ideological trend change aspect, had the confucianmethod fusion situation. These social, political, the economical, the thought various aspectschange, melts into to the Western Han Dynasty ruler the filial pietyits legal system the aspects all to play the direct decision role.The cures world by filial piety", go into by filial piety is Han Dynasty the law Confucianism turn special features of an importance performance. Han Dynasty law has no place from the lawmaking of the instruction thought the contents of law ruling to get to judicial realm again the body wears the spirit and the request of filial piety now. Lately- sprouted piece house mountain Chien provided clear certificate to this. For making stronger the freshman's political power, Han Dynasty ruler promotes to go a filial morality to adjust the relation of the individual small family inner part through and then attain the whole purpose of social order of firmness. Respect a filial morality to become the essential thought of Han Dynasty society gradually.The lawmaking of Han Dynasty also starts taking the gradation filial morality thought of Confucianism as instruction to thought, replacing thus to inherit title Qin Law originally since then of the catholicity law of the Legalist principle of lawmaking instruction thought. First from the law history of thought angle to see: The idea source of filial piety flows far long, filial piety is the head of 100 lines, is the basic ethics of the household society of ancient clan system. The Confucianism sees a filial piety especially important, Confucius to once the son says: The man filial piety is virtuous this also teaches it from living also. In Han Dynasty, the ruling class also knows well" and know the son wise father, know minister enlightened monarch; Son bad house, the minister is unfaithful to ruler then country disorderly; Country in disorder can't Anne also, house can't all also. The "therefore appeared" cures world by filial piety" of situation. In addition to paying attention to a filial morality education very much, return the filial morality spirit is to think legislatively basis, and body now jurally square aspect noodles. See from the angle of family history secondly: The family that fights country for past has three cohabitations, and the brothers don't divide inheritance of situation. After fighting leaf in the junior high school, west of the Qin country reform a society by political strength, reorganizing a family. Passing by the company's political reform molded to take core family as a basal society. Qin Shihuang after unifying world, six country regions go through of the father and son brothers cohabit already seldom seen. In the meantime, the Qin's government's responsibility becomes father and son to tell mutually, beating the father parent's dignity. The social general situation was an old filial morality to sink at that time. The family structure of the Han Dynasty inherits title Qin system, the brothers usually lives separately, Han Dynasty family takes the core family constituted by the husband and wife and its sons and daughters as corpus, father and son cohabitant not much, brothers sister the cohabitant is less, the family population invites between 4 or 5 people. This is type the special features of the family structure." When the preliminary study beg for a new governance method, the ruler mostly knew importance of filial morality to firmness this kind of individual small family order. Have for the sake of the political power of consolidation Han Dynasty freshman necessity pass to promote a filial morality to adjust the relation of the individual small family member's, and thus stable social order. Hence promote filial morality the essential thought of Han Dynasty society. The law of Han Dynasty is exactly an establishment under the instruction of this kind of filial morality thought.The filial morality spirit body is in the lawmaking of west now having many bodies now. In the pertaining to crime law aspect: For breach the behavior of filial morality and impose penalty sanctions, made to the not filial offense a lot of rule definitely. Think"3,000, great not filial." Want to give a very heavy penalty punishment to the crime that breaches a filial morality. Is "leave city" or "behead" generally speaking and all; the filial morality still seeps through administration method realm. Manage aspect in the officialdom first: The selection of officialdom wants to take filial piety as standard. Contrary, if a big minister not agrees with a request of matching the filial morality, will be resigned from office. The officialdom's incumbency period also wants to obey a filial morality, if breach a filial piety to go to also want to be subjected to homologous disciplinary sanction. If when the incumbency officialdom has an old man to look after, cannot continue the egress work. In the meantime, it is negative to have officialdom of raising the responsibility if don't raise filial piety to also want to be subjected to punish everywhere. Moreover, the west government still establishes exclusively three old one job with publicize a filial morality. Made much provision in the aspects of praising filial son to retire to enjoy life secondly: The filial son can have the opportunity of an official not only, in addition, Han Dynasty government returns to praise by economy for filial son. Praise a filial son still usually with retires to enjoy life to combine together; the provision concerning filial morality mainly expresses in the west marriage family laws at to the maintenance of father power up. First, parent to sons and daughters someone body mastery, can with business, the tube teaches, even killing. Secondly, the parent has mastery to the family property. Emphasize the parent presides over a wedding ceremony sons and daughters power on the marriage relevant provision; Proceeded from a filial morality to rule a series of principle in the litigation method: Kiss mutually a head in person; Pardoning the old man commits crime; The not filial offense is a often not original; Subsist to keep to kiss; Pardon vengeance; Have no son to listen to wife wear the stripe etc.Moreover, in the west the legal system, in addition to in the lawmaking guide thought and the aspect concrete body of the law contents filial morality spirit now, in the judicatory the fulfillment the realm, to the judgment of the concrete case, also many wind up a lawsuit according to the spirit of filial morality, but not pure handle affairs according to the law ruling. This, in the civil case and the criminal case all has a body now.Integrated west legal system to produce important history meaning by filial morality: First: Reform people, stabilized the individual small family. The family is the point of departure of social political fulfillment, is the point of departure that the social morals fulfillment, social political practices and social culture. The basic ethical relations relation solves like, the family morals carries through so much, the purpose of social culture comes to a, can also carry out the ideal target of nation hospice. Secondly: It is moved by "filial piety", support the centralization system of the absolutism. Ruler's worshiping a filial morality actively is to have reason. Filial piety conduct and actions is a kind of widespread social norm, is valid of the society control of means. The filial piety is the foundation of; there is "filial piety" not difficult. Again: The high or low dissimilarity punishes, enhancing a high and low relation. The parents can punish by flogging sons and daughters, even can sentence to death sons and daughters, but don't take any law responsibility under the some condition. But the sons and daughters all talk sincerely to go carefully under the tie of the filial morality, humble and polite. Thus created a kind of social appearance which has a preface up and down invisibly, enhanced a high and low relation, catering to the need of the absolutist centralization politics of the feudalism monarch. End: Promoting the filial morality is advantageous to the development which supports small agriculture economy. Economic superstructure of the foundation decision, the west chases filial piety as its governance thought of important principle, the establishment takes filial piety as the social order of core, it end purpose's wanting to support is its governance basal small agriculture economy. Small agriculture's economic is very weak, if need not blood kin relate to the coupling of supporting the family inner part, enhancing a filial morality on the thought, can hardly attain to cure the purpose that the country sets up household. |
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