On Zhu Geliang's Legal Thought

At the end of the Eastern Han Dynasty, Chinese law-system is the primary stage of the stereotypes that the ever-deepening social political crisis for political darkness, corrupt officials, floating pseudo-secular. After The ruling class in the Eastern Han Dynasty comparison with weighing decided to use Confucianism domination and carry out ideological in the world. At that time strictly enforce the rule of virtue was as to be the standard model of patriarchal blood-based Ethics and the combination of law established , "do not only punish aristocrat, but also commonalty" judicial model. Under "the rule of man" environment, rulers just want to take advantage of the legal order , the evaluation and the sanctions value to safeguard rule, but the right , democracy, the rule of law and justice value was negligible. The law became tools and the appendage by the rule of man. Zhuge Liang grew up in the end of the Eastern Han Dynasty who took Shuguo military and judicial power. He strongly eliminate fraud policy and was respect for the role about the law govern the country in order to restore the role of feudal rule. Zhuge Liang's thought of open legislative and fair law enforcement which is different with the thought of feudal law in the same times. Revealed his features about legal thought is the original intention of this writing. Most of Zhuge Liang's books has already lost and the information is limit. The paper mainly inspect and describing discussed through related "Zhuge Liang", "Three Kingdoms", "State-Huayang" in the context of the times, Confucianism and law leads to the exchange of ideas seeking to make its entire ideological system more actual in line with the comments a clearer understanding for the value of Zhuge Liang's legal thought.This paper is divided into five parts, the first part is to introduce the life of Zhuge Liang, the second part of Zhuge Liang-law background of the times and ideological origins, any one or a one of their thinking are inseparable from the cultural soil on which to be investigated and analysis, the attention of the Eastern Han Dynasty ruler of Qin Dynasty, as well as absorbing the lessons of the Western Han Dynasty extinction, gradually abandon the ideological Legalists in prison, instead of ruling the country Huanglao Taoism and Confucianism family ancestral methods to restore national strength ethical strength, and emphasized that "ethics" rule, and the relative Zhuge Liang and other rulers of the landlord class, the concept of virtue relatively weak, but pay more attention to rely on the law to maintain social order, I think that is political, economic, ideological and cultural as well as three reasons, the economy, we must stability must rely on small-scale peasant economy on the basis of a mandatory law, "stressing" that is, when the inevitable demand of economic conditions. To the political class conflicts and class struggle to ease or resolve, in the Confucian culture, "relying on ethics to govern the country" The stresses ethics, and the lack of mandatory limitations fully exposed for all to see in the political limitations in the practice of growing, To rely on the Confucian family blood ties can not be solved through the moral influence has been profound social and political crisis, the weight of it logical. Part HI focuses on the legal thinking of Zhuge Liang. This part is divided into thinking include legislative, economic and legal thinking, crime prevention and judicial thinking, thinking of the four parts. Faced with the end of the Eastern Han Dynasty and Despotic fight corruption within the political and economic forces landowners inflated, and the chaotic situation in chaos .Zhuge Liang think the reason is "Three outlines unrighteousness, six discipline ignored, the more chaotic the Health" In order to achieve a sound Yizhou, the incident Han Dynasty's political ambitions, Zhuge Liang has "correct three outlines and six discipline" and "stable relations of the family, the state will be stability," emphasized ethical beliefs into law, first stabilize the family, after administering the country. Shuguo according to the prevailing conditions and the law is, the Iraqi nationality, Liu Pakistan, Li Yan, and other "common law-making", and other laws, and create a strict legal system, which is stable and the rule is turn,Shuguo has promoted the development Zhuge Liang also has always attached importance to economic development, and special attention to the role of the rule of law on the protection of economic, guiding and facilitating role, he not only passed laws regulating taxes in order to achieve their "reduce taxes agricultural development" approach, and also set up special economic development official. Crime prevention, and that's good Legalists Lee dioxin victims, the nature for indolence of the causes of crime is a different point of view, Zhuge Liang pay more attention to the economic, political level to examine the reasons for the crime, he mentioned: "Xia and Shang dynasty the ruler is not due to resistance by the people of heaven, but there is no moral education of Jia, Jie,Shang and Zhou brutal monarchy, the Chinese people have betrayed them, the angel is not the result of this visit but not from the education ethics, people violate laws, regulations and overthrow the rule. Zhuge Liang also noted that the economic incentives of crime, he said: "hunger can lead to crime," while recognizing the major economic incentives crime, on the other hand they are also aware of the unscrupulous officials and taking by force from the people, which people hungry, forced officials the anti-crime political factors. And Legalists "to criminal punishment" as a means of Zhuge Liang advocate the use of different moral education to crime prevention, he mentioned: Chen Yi-min and Germany to visit at the same time, endless wealth of the people, for the purchase, in order to better crime prevention; justice that stick straight, a law enforcement painting, he thought: "I do not Luanfa chaos tours," and stood after the first sentence so that the "fair law enforcement." Zhuge Liang adhering to the "closed to virtuous person and far villains," the Idea focus on the selection of judicial officers, saying that "justice requires honesty and integrity to lead the people," and advocated for electing times recluse, more capable personnel, "the Crown Optional people." Zhuge Liang in the eyes of officials working from the horse who is not out of control for the incumbent officials should be carrot "official appointments and removals" and "promoted paying remove corrupt officials" unqualified officials will be eliminated from the law enforcement ranks; Part IV, summed up the legal Zhuge Liang thinking of the features, I believe that Zhuge Liang legal thinking there are three characteristics: First, the law Joint, according to Zhuge Liang legal thinking and Taoism and the Legalists, the weight that is to Zhuge Liang education is the prerequisite for its legal thinking of the legal legacy of Confucianism thinking of the essence, the law of Confucian thinking is the essential characteristic. Second, the Act work, reward and punishment be true, respected the govern ability of Sun Wu and Wu Qi, he pointed out "The rule of the world is good at applying, so if we do not have the legal how dominating the world?" The process of law enforcement focus on the letter to the This, stressing that the "carrot lost, I do not know who the letter." Third, fair law enforcement, strict abiding by the law. Fair law enforcement is the credo of Zhuge Liang. He believes that the "outflow of heavy rewards, a severe withdrawal, not more than tours, your punishment is not optional." At the same time aware of his tremendous success of the rule of law, the key lies in the quality and law enforcement as, He particularly stressed the bureaucratic ranks of the lead and play an exemplary role in abiding by the law, pointing out that "treat strict to self, the same as to subordinate".As part of a final conclusion by more than a few part of the legal thinking of Zhuge Liang, the authors suggest that the legal thinking on Zhuge Liang although with the passage of time have lost the basis for the existence of, but has not been active for the current significance, he stressed the moral educate people, to the selection of judicial officials, as well as strict abiding by the law, be honest in the spirit of the law can still thinking of China's socialist society the establishment of the rule of law for reference and inspiration.