| XunYue(A.D.148-209),styled ZhongYu,born in YingChuan.XunYue,born in a hard time,witnessed the decline of the Eastern Han Dynasty.The society’s turmoil and the destruction of the Nation’s laws and statutes leaded to his own profound comprehension of difficult source of the people’s livelihood.Unlike previous politicians and thinkers who emphasize given priority to Confucian ethics,governing the Nation by draconian laws.XunYue placed a great emphasis on laws,and put forward the idea of "Coexistence of Righteousness and Law".According to XunYue’s book ShenJian,this thesis explore and discuss that idea from the following parts:The introduction part,mainly introduce the current research status of XunYue’s ideas in domestic.The status that most research on XunYue’s ideas are comprehensive,mainly focus on his philosophical thought,political thought,Confucianism thought and so on was disclosed.The researches on his legal thought at present are still inadequate.Also it explains the value of study on his idea of "Coexistence of Righteousness and Law",and introduces the research methods of this thesis.The first part,mainly analyzes the historical background of Xun Yue’s idea of "Coexistence of Righteousness and Law",and also analyzes the conflict performance of righteousness and law,and the damage.First of all,the historical background: the eunuch ruined the country and the people,politically;The annexation of land is very serious,economically;Social order and law was invalid,righteousness and law conflict hard,legally.Then,this thesis clarifies the representation of righteousness and law’s conflict,and discuss righteousness and law from both sides.Finally,this paper argues the damage result by the conflict of righteousness and law with two aspects: know the law but break it and the chaos of law enforcement.The second part,based on the book ShenJian,explores the connotation of "righteousness" and "law" respectively,and discusses their division and cooperation.First,this thesis analysises the meaning of "righteousness",finding out that "righteousness" has three meanings: The literal meaning;Confucian ethics;The justice in People’s minds.Then it analysises the connotation of "law" from three aspects: the meaning of the "law",the human nature basis of the "law" and the function of the "law".Finally the paper discusses the division and cooperation between righteousness and law.The core purpose of the idea "Coexistence of Righteousness and Law" is to solve the practical issues effectively.In the division of righteousness and law,the law ascertain the base line for human.In the cooperation with righteousness,the law needs to satisfy the fairness and justice that the people needs.XunYue put forward this idea,in order to build a good legal system,restore social and political order,as well as improve social morality.Finally,XunYue put forward some designs of legal system based on his idea of "Coexistence of Righteousness and Law".This part mainly analyzes XunYue’s economic legal system,criminal legal system and restrain monarchical power.Through designs for legal system,we could further understand the idea of "Coexistence of Righteousness and Law",and how it works to reconcile social contradictions,and to solve the practical problems effectively. |
