Democracy And The Rule Of Law Or Minben And Zhifa

The research of this article is Ming Yi Dai Fang Lu written by Huang Zongxi. The intent of this article is to explore his legal philosophy thought of tian xia wei zhu.There are six parts in this paper. The introduction describes why this topic being chosen, then the article introduces the research situation among the current domestic scholars on Huang Zongxi’s thought of tian xia wei zhu in Ming Yi Dai Fang Lu, Finally, it describes the innovation points of the article.The first part of the text is to introduce Huang Zongxi’s thought of tian xia wei zhu. The text introduces the specific origin of thought of tian xia wei zhu at first, which includes the rapid development of commodity economy, a significant impact on children of the identity of the Donglin party, the influence of Wang Yangming and the West Catholic baptism. Then it discusses the internal logic of the thought tian xia wei zhu.The second part discusses the thought of zhifa. Zhifa is one important part of Huang Zongxin’s thought of tian xia wei zhu, which includes confirming human rights and safeguarding individual interests of the people.The third part discusses the restrictions monarchical ideas. Sub-rights authority of monarchical is another means of achieving and expression of the thought of tian xia wei zhu. This text discusses why should we restrict monarchical power, then the paper introduces how to limit it.The fourth part is the commentary of Huang Zongxi’s legal philosophy thought. First, the chapter review the thought of tian xia wei zhu, then continue to analysis thought of zhifa and the ideological balance of sovereignty.The conclusion of the study made a response to theorists’ differences on the thought of tian xia wei zhu. In fact, this analysis of Chinese ancient law is from the perspective of modern western philosophy of law. It is a wrong way, because both of them are products of different historical and cultural development, one does not qualify the others evaluation criteria.Then pointed out that Ming Yi Dai Fang Lu has history and reality meaning.