The Yi Interpretation Of Law

Western philosophy is the cradle of western jurisprudence.Chinese philosophy should also be the cradle of Chinese jurisprudence.In the process of modern Chinese traditional culture and western cultural collision,western philosophy and western jurisprudence have a strong position.The relationship between Chinese traditional philosophy and Chinese law has not received the important attention of academia,and not on the nourishment of Chinese law.The Yi is the Chinese traditional natural law,is an important part of Chinese philosophy.Chinese traditional culture is extensive and profound,as the foundation of Chinese traditional culture,influence the Chinese civilization in the space pattern,shape the Chinese civilization circle,and construct the Chinese wenmingti in the psychological sense.The existing interdisciplinary research of the Yi and Law often abstracts the ideas,principles and rules related to law and legal system from the text,but they only supply the research of philosophy and Histoire du droit and some problems of law,and lack the influence of law.The main reason of this situation is the lack of support and devotion to the study of the Yi,the researchers is lack of understanding of the natural law.The analysis method of Yin and Yang,Four Symbols,Ba Gua is not well,and it is difficult to use common natural theory and philosophical thinking to dialogue,let alone the construction of law and Yi.The meaning of Yi includes three levels:the sun ?the moon and the intersect between the sun and the moon.The body of the earth composed of the intersection of moon and sun,Tao is the orbit of the earth and the moon,and the two poles is yin and yang.In the process of the development of the Yi,the unity of heaven and man is the basic characteristics of Yi.Taiji,yin and yang,Four Symbols and Ba Gua is the consistent research method,which has an important inspiration to the research methods of law.The Taiji shows that the traditional rule of virtue and criminal and modern rule of law are one-sided,and the rule of virtue and rule by law are two aspects of the ontology of governing the country.The specific influence of Taiji,yin and yang on the human dimension should be reflected in legislation,for example,the size of the influence of nature,the force of free will,the adjustment of criminal responsibility,the modification of labor protection law,etc.Four image shows that rule of virtue and rule of law,form and essence consist of four images: formal rule of virtue,essence of rule by law,rule of law and essence of law.The gossip analysis can be used to analyze the important social relations of legal characteristics and legal adjustment.Legal characteristics include eight characteristics :the development,stability,mandatory,procedural,risk,civilization,hysteresis,Communicability;The important social relations of legal research include social development,social stability,social reform,social freedom,social risk,educational research,development boundary,social communication,etc.Through these studies,we can find that many parts of the Yi and Law can be combined,hoping to help the Chinese philosophy and Chinese legal research.