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Misunderstood Free

Posted on:2009-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:F L YangFull Text:PDF
GTID:2206360248450874Subject:Legal theory
Abstract/Summary:PDF Full Text Request
"The wedding ceremony, will gather good two surnames, on by matter ancestral temple, but under by following later generation also, therefore gentleman heavy it." Under the etiquette rule, the marriage was needs permanent to last. The traditional China's divorce system forms basically in the Western Zhou Dynasty to Qin. Regardless of being the marriage or divorces must undergo the official registration; otherwise, people will receive certain penalty (including the husband and wife). The divorce system becomes a part of the etiquette, which must receive the regulation and instruction. Traditional China judges a person's standard is looked that this person's behavior is whether appropriate, whether to be fastidious about the high and low order, whether understand the etiquette. The traditional China is kind of ethics family, the etiquette culture's characteristic, requested person's behaviors to inevitably symbol request in conformity with etiquette, symbol entire family overall request, in the individual significance person "the family" this whole for contain on the inevitable quilt. Therefore in a sense, the traditional Chinese society, did not advocate individual consciousness, the individual was ablated in "the family".In Traditional China, the marital load bearing are being more than much significances the modern society and the content. But "the ritual primary coverage involves to people's behavior, in a traditional society, the people rest on the role, the status, the rank as well as the status, but mutual connection in together. But the dependence ritual they condense not only in together order and one kind of rituality order, typical social politics order." The ancient people are fastidious about individual the innermost feelings with the external behavior consistency. In an ancient time, people must achieve "the excellent in both moral character and in governing". That is, in ancient times Chinese's freedom was unique, was different to the West. People in China had their own free tradition. The human who has conformed to the social morals standard, is free. The Chinese speaks the human to conform to the etiquette, did not mean that the ritual is the limitation of the person's freedom; on the contrary, the ritual is the human realizes the free standard. In ancient times ,what China emphasized is that "the person-family--country-world" pattern. China in ancient times has freedom. But thiskind of individual person's freedom even more pays great attention to the person's intrinsic spirit sublimation, the individual person's moral standard's enhancement, advocated that the human arrives at "the ultimate good" through the unceasing enlightenment. In since, this kind of individual significance's freedom, has requested compared with the Western modern times' person to get rid of the country to be free to individual human nature fetter that kind of individual, appears wants to be many wisely. The marriage has the unusual significance regarding the entire family even society; but in the traditional ethics society, the human only then only then calculates in an overall significance's social structure meaningful, can realize person's value. The individual person only then returns to the whole social structure is free. Since individual freedom's premise has been the society, this point is different with the Western modem times regards as the individual freedom social the premise and the foundation.The Chinese tradition society also has the freedom, but the free existence's way as well as the freedom display in the society the characteristic is different the freedom which flaunted in the Western modern times and the modern society. The misunderstanding tradition is to misreading the free. Freedom of marriage's statement has the revolutionary nature and the slogan. Under the feudal rule, the male and female marriage arrives at inhuman barbarically, the oppression which and the pain the female receives, compared to man really. Only then workers peasants revolution's victory, the men and women obtain the first step economically the liberation, the men and women marriage ties only then obtain the freedom along with the change. At present, has obtained the free foundation in the Chinese Soviet areas men and women marriage, should determine that the marriage take the freedom as a principle, but abolishes all feudalisms to take care, the force and the mercenary marriage system". "State law method the announcement execution is the Chinese people after winning the revolutionary war victory, with the nationwide scale carries on the land reform at the same time, further eliminates the remnants of feudalistic society and establishes the new social life the significant social reform". "The May 4th Movement of 1919" this counter-tradition is the freedom also violates the Western free thought the tradition. Western individualism is not the counter-tradition. The western free thought's history may divide into three stages: "ancient people's goal is in has the common motherland citizen middle share social power; this is their name freedom." The modern westerner's freedom in fact is one kind "the individual is free". The liberalism has two around inconsistent contradictions. Traditional Chinese Confucianism is also not decidedly strangles the human nature and free, the traditional Chinese's freedom, is not in the Western significance absolute individual freedom, but was opposite in family this "the group" in the whole freedom. Could China ancient times society pause in the individual stratification plane discusses person's issue, but in one kind "group" or in family this overall pattern. "The family" is person's final ownership place. The traditional society is one family ethics society which "the family" is composed of innumerable. The tradition is not to the free limit. "A successful free society, in the very great degree will be forever one with the traditional connect closely and the traditional restriction society (tradition-bound society)."The liberalism free is the minority intellectual treasures the opinion free (freely as well as thought only pauses freely in knowledge outstanding person level), has nothing to do with the populace survival, they are misreading the free.This article from the history, the sociological angle, the utilization comparative analysis's method as well as through to the concrete case's comparative analysis, makes every effort to show: Since modern China advocated that the free democratic idea, specially has unified in the advanced intellectual then the freedom and the equality and the marriage system, follows is divorcing the free thought in the modern China's appearance, the Chinese in fell into a huge erroneous zone to the marriage as well as the free understanding. So that today appears divorce rate high question, is also this erroneous zone product. The erroneous zone has two: First, to divorces system's understanding. Today, the people in face whether should finish between time husbands' and wives' marriage ties, appeared too at will and careless; Second, to misreading the free. Since the modern times, the Chinese has fallen into the tradition in the feudalism equates which has not the free erroneous zone, thus causes in now the society, often abandons the tradition to discuss the freedom, thus causes the people not to give a right thought to the tradition. People in today who understood the divorce question, misread the free, the two unites has caused together the contemporary China society divorce rate high question appearance.The full text approximately 50,000 characters, divide into six parts:The first part is an introduction. Take the typical case as the analysis object, through the comparative analysis, draws out the question which the article must elaborate.The second third part is embarks take the history as the basic point from our country traditional culture law of development and the unique characteristic, discusses the modern society people counter-tradition the inevitability and the insufficiency. Take "the divorce" for example, returns to the history, we clear see that traditional China will not advocate that the divorce will be free. The marital logical beginning is not the individual person, but is representing the overall significance family.The fourth part is wants to discuss that the origin of "the divorce freedom" and the development in China and the essence of "the divorce freedom"The fifth part mainly elaborates the Chinese to misreading the free thought reason and the concrete manifestation. The union selection's case showed today the people treat when the divorce question displays the behavior and the manner are misreading the free.Part VI is the conclusion of the full text. Papers finally said that, the divorce in modern time demonstrated by the attitude is that the misreading of freedom. Constitute a moral and legal right protection of the freedom.
Keywords/Search Tags:divorce, freedom, people, misreading
PDF Full Text Request
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