The Development Of Jurisprudence In Ming And Qing Dynasties

The law and jurisprudence are different concepts,but it is difficult to use today's legal discourse system to understand and interpret the law.However,in order to achieve the true law study,we should not only put ourselves in the traditional cultural background,but also be based on the modern legal discourse system.The law school is an annotated study of the ancient Chinese law,and its emergence is entirely due to the official requirement of the annotation law,so it inevitably has the tool attribute.However,in the later development,the law gradually became an independent knowledge,which had a perfect system and clear value pursuit.Its development,on the one hand,understands the social change,on the one hand,follows the internal logic.The development of the law is a vivid reflection of the social reality at that time,and more importantly,it also reflects the value pursuit of the society in a particular period.To cling to the official before Ming and qing dynasties of the basic law of science development,the development venation clear and intuitive,on the whole are to be carried out in the country's law books explanation,one is to explain the law and the second is supplement law,3 it is to demonstrate the rationality of the law of civil foundation.But up to the Ming and qing dynasties,the development of the law of learning began to appear new features,first of all is the law of "authority" color gradually fade,it is no longer completely subservient to the official,and start the official law books even criticism.This is mainly due to the rise of private law in this period,which has made the development of folk law,and began to profoundly influence and even dominate the development of the whole law school.Second,it pay more attention to this law text behind the law,its theoretical stronger,tool attribute further blurred,a complete,scientific,independent and systematic discipline.