Confucian Righteousness And Profit With The Traditional Chinese Legal System

From Pre-Qin Dynasty to the period of Hanwudi(汉武帝),Confucianism was only one variety of a hundred schools of thoughts.Only after Hanwudi (汉武帝),the emperor adopted Dong Zhongshu's(董仲�') ideas,which honoring Confucianism merely and abolishing the rest thoughts, Confucianism gained dominance over the other thoughts and got the respects from the rulers,afterwards it became the strategy for administration.As the saying goes "Half of LunYu(论语)(the typical works of Confucianism) can help administrate the country".Confucianism also had gradual influence on the related legal system such as the ideas "published by law when beyond Confucian ethical code","Morality the first,penalty the second",even "adopting Confucianism in case of no law in writing".From these,the Chinese ancient law systems were dip-dyed by the Confucianism culture and they came into a complete and unique Chinese morality and law culture till Tang Dynasty.While at the end of 19th century the circulation of Chinese history was broken with the invasion of western powers,Chinese law systems thus gradually degraded in the contact and collision with the western culture.A series of concepts of demonstration and legalization began to be transferred into China and Chinese law started its painful process in recent and modern times.After the reforming and opening,with the development of market economy,the western concepts such as law-first,equality,justice,judicial independence,gradually prevailed and began to dominate in the time.However,the law culture of Confucianism,the native culture,still influences potentially Chinese consciousness and conception of law,as that could be found in social life in China frequently.His argument of justice and benefit "and the view on "noble character and vile character" were the symbols of Confucian culture,on which the Chinese traditional cultural character was based,to some extent,decided the fate of Chinese businessman and formed the reasons for the underdevelopment of Chinese private law.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 to 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 lawn 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 lawn 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 content so 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。This paper introduced the first part of development and evolution the Confucian's viewpoint of justice and benefit,the Confucian concept of justice and benefit which major experience four stages,that is established,developed, distortions and reverted to,where the main author of the poor combing historical data,which will give a clear concept of awareness about Confucian's viewpoint of justice and benefit.The second part is about the influence that Confucian's viewpoint of justice and benefit act on idea of tradition legal system.Putting much emphasis on duty, penalty,short of independence of law and legal consciousness are all have intact relation with Confucian's viewpoint of justice and benefit.The third part is about the Relation of Confucian's viewpoint of justice and benefit and tradition legal system~ paradigm legal system,public law is well developed and private law lays far behind,these unique contend cannot leave Confucian's viewpoint of justice and benefit.The fourth part is about the Relation of Confucian's viewpoint of justice and benefit and the emphasis on.Today the construction of modern society of rule of law.we need strengthen the concept of execution and keeping the law,and stable legal-system environment,Confucian's viewpoint of justice and benefit can give well Suggestion.But Confucian's viewpoint of justice and benefit put much emphasis on justice,look down upon on law,this is very different from the idea of society of rule of law,the later puts law in high status so Also the relation of Confucian's viewpoint of justice and benefit and have two faces,the good and the bad.So we can study from the well contents.The fifth part of the paper is mainly about how to deal with the Confucian tradition of Confucian culture in the process of building a modern legal system and how to solve the conflict between traditional culture and Western culture, The author think that Confucian culture can not be abandoned,only can be innovated and developed.Obviously it's unavoidable to accept the western legality to build a modern country with perfect laws.While,to be successful in transplanting the western laws to China,we needed suitable conditions,It's very natural that there would be a crash between the foreign culture and the native one.The combination of Chinese and western legal systems is the right.As the development of Chinese economy modernization,the law construction will be modernized in time.In this great change period,how to deal with the Confucian law culture is an inevitable subject.Confucian culture,which is unique belonged to Chinese,have made great contributions to the Chinese civilization and can not be separated from history.When we receive the new civilization and relative legal system in the future,we must base on the traditional culture and make it suitable to our realities.Whether in the past,now or the future,Confucian culture has its powerful vitality and affinity,Confucian law culture has the potential,much of which still can be used as the reasonable core of the present law.Towards the Confucian law culture,we should have an attitude of reintegrating,reforming and making full use of it,Finding the value of system and contents,which being useful for our modern society,that is to say, modernizing the traditional law culture to make it conformable to Chinese modern legal system construction.