The Study On The Legal Thought In Shuihudi Qin Bamboo Slips

The legal thought in Shuihudi Qin bamboo slips (hereinafter referred to as Shuijian) is based on the legal thought of "Gong", which is the ruling authority of abstract existence, and is also a way of law. The law of Qin had carried out the legal thought of "Gong" by governing officers from top to bottom, and "Welizhidao" is a literature that the most concentrated reflected the thought in Shuijian. The legal thought of governing officers was based on the Legalists’ thought,"A wise monarch governs officers, not people", and mixed other schools’thoughts. The legal thought of governing officers in Shuijian has two meanings:one is about the "rule of good officers" under the law of Qin; the other is about prevention and punishment of "bad officers" by the law of Qin. In addition, the law of Qin had carried out the legal thought of "Gong" by "Guansulifa" from bottom to top, which means legislating through observing the folk custom. The thought of "Guansulifa" originated from legalism. Its content includes "follow the folk-custom" in Qin’s old land,"change the folk-custom" in Qin’s new land, and "unified punishment" through intervening in the private sector and limiting the paternity.The legal thought of "Gong" in Shuijian."Jiagong" is a kind of relatively mature to borrow from the public property in Qin dynasty, which was in a specific era background and social environment. Qin attracted people, appeased new people, and encouraged farmers through this system."Jiagong" reflects the legal thought of "Gong" in the law of Qin."Gong" has three meanings in the system of "Jiagong":the meaning of "Gongyou", the meaning of "Gongyi", and the meaning of "Gonggui". Firstly,"Gong" is the real owner of the borrowed things, and the source of power behind the system. Secondly,"Jiagong" is philanthropic, which is to serve Qin’s route of "Wang Ba". Last but not least, the meaning of "Gonggui" refers that Qin Lv had put the public-private concept, which had exist in the society and people’s mind, into the law by distinguishing public sector from private sector deliberately. Visibly,"Gongyi" is not completely equal to the monarch’s personal will, but excludes the monarch’s private will.The legal thought of governing officers in Shuijian. From the shape, ideological origin and content of "Welizhidao" in Shuijian, we can know that the core content of Qin’s official education is with "governing officer","governing people","governing oneself", and the ideal model is "good officers". The legal thought of governing officers was based on the Legalists’ thought,"A wise monarch governs officers, not people", and mixed other schools’thoughts. Through "Welizhidao", we can see Qin’s attitude on officers is very strict and clear. It is because officers are the key to the implementation of Qin law, officers’existence is governance according to law. The so-called "good officers", the first is to "know the law", than "know things", than "do anything"; Second is to be "integrity","loyal", and doing things with "fair", and cannot be selfish; Finally, the official personal capacity are also very important, to be "Ziduan", to proceed with caution. About the officers’education, the main education content is the psitive standard of"good officers",and is supplemented by the standard of "bad officers". But due to the influence of legalist’ theory of "evil nature", in the legal level, it focus on the prevention and punishment of "bad officers", and is supplemented by rewarding "good officers". As you can see, through bamboo slips of Qin, Qin’s people had designed a series of systems, supervision and regulation "bad officers", and harsh penalties, which disguised the ideals of "rule of good officers" in the thought of "governing officers".The thought of "Guansulifa" in Shuihudi Qin bamboo slips. The thought of Legalism’s "Guansulifa" been implemented into Qin Lv, it had become the basic legislative principle of the Qin dynasty. From Shuijian, we can see that Qin’s specific content of the concept of "Guansulifa" is different when it at different times for different region and different situations. So-called "Guansulifa" is to rewrite "Gonggui" into laws, but such rewriting has much different situations. In terms of Qin Lv in Shuijian, some "follow the folk-custom" in Qin’s old land, some "change the folk-custom" in Qin’s new land, and others "unified punishment" through intervening in the private sector and limiting the paternity. There is the confirmation of "Gonggui", the guide of "Gonggui", and the change of the "Gonggui". Qin Lv patriarchal intervention and narrowed to the family, which is the best example as the law of Qin extends its power to the private sector. Qin followed the Legalists’ ideas of "Guansulifa", and implemented it into Qin Lv. Although it made great contributions to the Supremacy of Qin, but there is also a problem on excessive interpretation and application of the thought of "Guansulifa", which put the private sector into the national law regulation. The infinite expansion of the law of Qin aimed at eliminating private sector, and it was against the core spirit of the legal thought of "Gong", and it was not the original intention of Legalists’.