| Temperament is a person in its genetic,living environment,education,experience and other factors under the interaction,the performance,motivation,interest,ability,sexual orientation,attitude,temperament,values,habits to action and other physical and mental aspects Characteristics,with the integrity,persistence,complexity and uniqueness of the characteristics.Temperament has a significant impact on person’s behaviors,and in the context of"rule of man",the temperament of ancient emperor has more affect on the operation of the dynasty,including the development and implementation of the law.Li Shimin and Zhu Yuanzhang,as the founding emperors of the Tang and Ming dynasties,all have distinct characteristics of temperament,and the two different temperament orientations make the legal system of the two dynasties develop in two aspects of openness and contraction,reflecting different characteristics.In general,Li Shimin is more confident than Zhu Yuanzhang,and the mind is more broad,adopted by the country to deal with the strategy of openness,acceptance and inclusiveness,the country’s supporting legal system also will show this feature,And the power of monarch is limited to a certain extent.In contrast,because of the characteristics of low self-esteem self-esteem,cautious and uncertain,Zhu Yuanzhang ’s administration is adopted by the tightening strategy,characterized by control-based,its focus on the emperor is more valued.The legal means for more effective,more force in the early Ming Dynasty attention,the centralization of the characteristics of more obvious,the power further concentrated in the central and the emperor.The control and management of officials,the people are more closely and strictly.The corresponding legal system development and implementation of the process also reflects a considerable degree of this feature,tend to monarchy "control".In the beginning of the Ming Dynasty,it is the "common law" and "expedient law",which embodies the characteristics of the fatalism in the beginning of the Ming Dynasty.The Law enforcement,the judiciary,because Li Shimin advocate Xianjun politics,the attitude to penalty is prudent,When he deal with problem was not entirely according to the law--and not at any time,but with "ceremony"。In the early Ming Dynasty,it paid more attention to the use of the law,showing the characteristics of torture.In the area of administrative system,it is more"rationalized" in the years of Zhenguan than the administrative function of Hongwu dynasty,and the power will be concentrated in the central government in the early Ming Dynasty,and its administrative mechanism is more inclined to the centralization of "monarchy control". |
