Song Dynasty Utilitarian School Of Legal Thought

The Confucianism has dominant status in ancient China's development, but after the Confucianism created, it showed in two different roads of development:one is "morality"(the mainstream ideology); one is "the utility theory". "The utility theory", although it is not the mainstream ideology in the feudal society, but after the development of several dynasties, has the asymptotic mature in the Song Dynasty, especially its legal thoughts, either at the time or later, its effect is very great. To clearly grasp the law thinking of the Utilitarian School of the Song Dynasty that this thesis will be discussed from the following aspects:The first part is briefly introduced in the development of utilitarianism thoughts and the basic content of The Song School of utilitarianism. From the Song Dynasty utilitarianism, law school of thought the philosophical foundation of these two aspects, this song is below the law school of utilitarianism groundwork thoughts.The second section mainly discusses legal thoughts of the Utilitarian School of the Song Dynasty. China's feudal society, politics, economy, culture through the development of Sui and Tang Dynasty, began to decline in Song. But except the law, especially the legal thoughts of the Utilitarian School of the Song Dynasty produced significant influence. For the law, based on the thoughts of Li Guan, Wang Anshi, Chen Liang, Ye Shi, mainly from their views on the legal nature of the basic law, the formulation, the principle and law enforcement officials, the selection and appointment law, legal reform, comprehensively expounded the legal thought of the Utilitarian School of the Song Dynasty.The third part, on the basis of the development of commodity economy, further elaborates the social influence of the legal thought of the Utilitarian School of the Song Dynasty. Firstly, the legislation related to form and content of civil laws of Song took place great changes; Secondly, Legal concepts have changed. The Chinese ancient scholars and practitioners of traditional law with unique characteristics of humanistic spirit and the culture accomplishment, played a positive role in the legislative and judicial activities, prompted the judicial activities more focusing on the protection of the social and individual members' legitimate interests and practical benefit, and also changed the traditional idea of "No—Lawsuit", making people tend to adopt legal means to solve the problem.The fourth part describes the important significance of legal thought of the Utilitarian School of the Song Dynasty in constructing socialistic harmonious society. This part elaborate three aspects: the justice of law; government of law and morals; changes of morals.This paper discusses the legal thought of the Utilitarian School of the Song Dynasty and the influence of Chinese society. Around the subject of the law thinking of the Utilitarian School of the Song Dynasty, we want to further discuss the influence of this School and analyze these thoughts' meaning to building our socialist country ruled by law.