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The Revival Of The Pre Qin Legalist Thought In Modern China

Posted on:2019-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2416330566479115Subject:Civil and Commercial Law
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China's history has gone through two big changes.A big change was the period of the spring and autumn and the Warring States period when Along with the feudal hegemony,falling of ceremony,society launched a social transformation of the storm.This great change led to the emergence and rise of the thought of the pre Qin Legalists.There was another big change in modern times when Along with the west is wanton China,the nation is facing peril.The new Legalists advocated the new rule of law to cater to the demand of the times.The new Legalists have restored their reputation for the pre Qin Legalists,inherited the spirit of "ruling the country by law" in the pre Qin Dynasty,made a creative transformation of it and pushed the trend of the new rule of law.The reason why the pre Qin legalist thought was revalued in modern China was mainly due to its the demand of the current situation,the realization of national independence and the construction of modern national state under the theme of modern salvation and Enlightenment;Secondly,the academic path of interconnecting with the modern Western rule of law;Finally,the modern scholars were concerned.The basic spirit and Legalist culture of pre Qin Legalists firmly recognized that they wanted to revive legalism under the premise of maintaining their own national characteristics.When using the modern western "rule of law" to reinterpret the rule of law doctrine in the pre Qin Dynasty,the new law creatively developed a "new concept of rule of law",which is mainly reflected in the transformation from the monarchy to the democratic constitutionalism,and the law of opposites to the source of the law,and the transformation of the law from the weak people to the powerful and rich people and the transformation of the national nature.To improve the quality of the people,to expand the civil rights,to build a new rule of law of the historical view of biology,based on nationalism,and strive to build an independent national state in modern times.In order to the construction of the rule of law at the present time in China,we should excavate the historical resources and cultural heritage of the rule of law from the ancestors,In addition to learning from the advanced theories and experiences of the rule of law in the developed countries of the world.History is an encyclopedia which shows the wisdom of the people to the future.This article is a comparative study of the concept of Legalist rule of law in the pre Qin period and in recent history.The generality and difference between the two are extracted in this article.Undoubtedly,it has important enlightenment to the future outlook of the thought of the rule of law.
Keywords/Search Tags:the pre Qin Legalists, ruling the country by law, new Legalist
PDF Full Text Request
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