The Research Of Fang Xiaoru Legal Thought

Fang Xiaoru is an influential Confucian born in the end of Yuan Dynasty butlived in early Ming Dynasty. He has experienced the end of the Yuan, Ming and earlyJingnan, two dynasties and three periods in Chinese culture, he was an importantthinker in terms of the Chinese cultural in heritage.Fang’s legal thought has its own unique background and life experience. Theruler of Yuan dynasty boycotted against the Han culture, hindered China’s socialdevelopment, so that Han legal culture has been hit hardly, till the early Ming Dynasty,rulers carried out a series of political and economic reforms, while Fang’s legalthought has been deeply influenced by the by the social changes the reform made. Inthe effects of these factors created by the era, the legal thought stereotypes of Fanghad been much influenced profoundly. On the other hand, Fang was born in a richZhejiang Taizhou house of Gou Town Ninghai with academic and cultural atmosphere,Fang itself is a pun on "keep researching on Confucianism, to be a good-manneredfamily", so after his father, Toushi has become a student of Ru Lian, which all have afar-reaching impact on its legal thought.Fang Xiaoru’s legal thought has fore aspects of content, he has theFranco-Prussian thoughts, claims legislation to Richmond, he thinks that thelegislation is based on people-oriented; people-oriented is beneficial to the purpose oflegislation. He is against the law "for oneself" and demanded "for people". Headvocates to both pay equal attention to both the law and the people, he thinks thatthere were two reasons for the destruction of a dynasty----the "rule of the law" and"the righteous man", for "person" and "treatment" relationship, he is also in order todistinguish different situation are analyzed in different. He opposes harsh punishment,claiming that "after first taught over". He thinks the analysis of the causes of the Qindynasty perish to examine the status quo of the Ming dynasty, thinks that the rule oflaw is like healing stone, only can cure diseases but cannot prevent disease, so weneed to educate people, the words between the lines in the article are revealed to theattention of the enlightenment.He values inspecting ancient events and currantsituations, governing by the institution of Zhou Dynasty and implementing well-field system, which is quite different in essence from that of West Zhou Dynasty, as one ofaspects of “policy of benevolence”. However, Fang Xiaoru didn’t nationalizeevidently the land across the country, but merely made verbal propaganda. The reasonis that his purpose is to prevent annexation of land and social unrest. The well-fieldsystem is also the content of benevolence policy and the cornerstone of governing byjustice and humanity. At the same time, Fang Xiaoru also publicizes greatly thethought “be virtuous, utilizing and improving people’s living”. He holds the theory oforthodox and variable system. In his opinion, the form of dynasty changes in Chinesehistory can be classified as orthodox and variable system. The essence ofdistinguishing them lies whether it is governing by justice and humanity, rulingpeople by morality and public opinion. According to Fang Xiaoru, the situation notbelonging to orthodox system can be classified as usurping, plundering and barbaric.He advocated the theory of orthodox system, in Fang Xiaoru’s view, Chinesedynasties of the author has the branch of orthodox and variable system, and the mainpoint to distinguish the orthodox and variable system lies in whether it is righteous togovern the people, and whether takes public opinions into consideration. Fang Xiaorudivided the situation that is not classified as orthodox system into three kinds: ableministers, thief queen and Yidi.Fang Xiaoru experienced three generations of emperors in Ming dynasty, and thethree generations of emperors has very different attitudes towards Fang Xiaoru, fromthe Ming emperor "today than with filial piety Confucian" to with his sympathy to theemperor over the decade, and they are all to do with Fang Xiaoru’s legal thoughtswhich are closely related to the conformity of the state governance concept. FangXiaoru’s life are together with Hongwu and Jianwen dynasties which are twoimportant times in Ming dynasty, his brief46years leaves a valuable wealth for latergenerations. He is Chinese representatives of China’s traditional thought, thesuccessor of the traditional culture, and also the representatives of contemporarythought.