A Study On Daming Law’s Ethics Thought

The Ming Dynasty (1368——1644years) was established by Zhu Yuanzhangwho was born in the bottom of society. The Ming Dynasty was the last feudal dynastyestablished by the Han people. In the Ming Dynasty emperors reign, politics wasinfluenced by the former. The Ming Dynasty learned legislative and judicialexperience from Tang and Song Dynasty in the early days of the Republic, formulateda series of law to maintaining the feudal rule, this paper is to explore the Daming Lawwhich blongs to one of them. The Daming Law is not only a classic rule of law butalso reflects the feudal moral ideology, it contains rich ethical thoughts. This paperhopes through the analysis of the Daming Law’s ethics thought, we can get a betterexplanation about the close relation between law and morality, and also to providemore conductions for the construction of the socialist moral system in China.This article mainly embarks from the Ming Dynasty’s social background,proceeds from the moral relationship between man and man, elaborates the DamingLaw’s human background and analyzes the ethical thoughts contained. The authorwill valuate it after the analysis，absorb the essence of it, point out the shortcomings.Finally return to the theory to guide practical significance, focus on the DamingLaw’s ethics thought bring far-reaching influences to the contemporary legal society.This article begins from the following aspects: the first, the legislationbackground of the Daming law. The law is the production of the times. The authorwill analyze the Daming law promulgated in the process of social politics, thoughts，culture conditions from the human relations angle. The second, the main content ofthe Daming Law’s ethics thought. The ancient law’s provisions permeated with thepolitics, morality. A good interaction between law and morality, the law is the mostbasic morality. The law contains feudal ethics, advocating of filial piety, the emphasison human rights and care for social vulnerable groups. The third, analysis thecharacteristics of the Daming Law’s ethics thought. First of all, the Daming Law hasthe characteristics of combination of etiquette and law. Secondly, the characteristicsof the Daming Law reflect the Confucian “alternate leniency with severity” and“people-oriented” ethics thought. The law was formulated to maintain the feudal order,punish crimes，protect people and the dynasty’s interests. Punish the offenders need to grasp a good degree, so as to achieve the purpose of prevent crime and protect people.The forth, mainly from two aspects (including the positive and the negative) toanalysis the Daming Law’s ethics thought. The last, the realistic meaning of theDaming Law’s ethics thought. This part mainly contains four aspects including thelegislative, judicial, law enforcement and law popularizing. Combine with theDaming Law’s ethics thought to give modern society enlightenment and reference,absorb the essence to guide the modern legal system construction, promote theconstruction of harmonious socialist society.