Study On Law Thoughts Of Huainan Zi

What is the law? Many scholars from ancient and modern times have their own opinions. However, we still can not state with certainty that we are familiar with the true essence of the law. In other words, if you want to understand the law more comprehensively and deeply, you can not discuss the law in legal terms, because , as a kind of social norms, the law is closely linked with other social norms. That is, many social factors outside the law may help us to explore the essence of law better. Undoubtedly,culture provides a unique perspective for us to study the law. Therefore, as an important part of culture,any kind of laws is marked by the stigma of a certain culture. Through a certain culture, we are able to understand the formation, development and reformation of the law better. Nowadays, we are conducting the law construction of "Chinese characteristics", which can not be divorced from the culture of the "local resources" naturally . Only by inheriting them critically can we work out the China's legal system that suits to Chinese condition, which is very important for building a socialist harmonious society.The king of Huainan Liu An and the book "Huainanzi" by his hangers,which is based on the lessons of the perished of Qin Dynasty,criticized and reformed fajia legalism, while combined with the social reality of the early Han Dynasty, used the quietness and inaction of Taoism as the banner and adopted both the academic thinking of each thouthts, making this thought unique in the history of Chinese thoughts. Especially the book's legal concept "the law forbids kings breaking the rules freely" had a profound impact on the later generation. By studying the legal cultural, and the legal background of the thoughts emerged,the thesis analyzes the main content of legal thought and assesses the value of its legal thinking objectively to explore the modern meaning of its legal thinking.This thesis is divided into five parts. In the first part, the life of the king of Huainan Liu An is generally described, the historical background of the book "Huainanzi" is introduced and which school of thoughts the book "Huainanzi" belongs to is analyzed.In the second part, the theory foundation of the book "Huainanzi" legal thoughts is narrated, that is, "Tao" and "inaction" of Huang-Lao Taoism. In the third part, the legal thought of "Huainanzi" is introduced in detail, including the legal origin theory "originated in the world" and "born of virtue", legislative concept of "homeopathic due time", law enforcement concept of "sincere" and "selfless" ,and the legal concept of " the law forbids kings breaking the rules freely ". In the fourth part,the legal thoughts of "Huainanzi" is evaluated. On one hand, the progress of legal thought is summed up; on the other hand, the limitations of the legal thought is pointed out and the reason from culture point of view is explored. In the fifth part, the modern value of the legal thought of "Huainanzi" is discussed, and by looking for the joint betwen traditional concept of law and modern legal thought, the significance of the legal thought of "Huainanzi" to the legal construction of our country is explained.