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The Combination Of Germany And France In The Tang Dynasty And Its Historical Reference

Posted on:2020-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2436330602451698Subject:Legal theory
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In ancient China,the thought of Germany and France has a long history.At the beginning of the week,it advocated "to match the heavens with morality" and "the fate of the heavens".The state governance follows the "Discreet Penalty on Ethical".The rulers wear the cloak of the gods with the help of the destiny,and the change of the destiny needs to be based.In morality,the power of the ruler also requires the rule of virtue."The punishment starts from the martial arts,and the law originates from the ritual." The law was first relied on the war and was closely related to the ritual.The formal law was the gauntlet imposed from the Xia Dynasty.Since the beginning of the Zhou Dynasty,the "Lie and Le Prison Administration" and "Discreet Penalty on Ethical" have been proposed to combine the German and French policies for comprehensive management.During the Spring and Autumn Period and the WarringStates Period,the Mohist proposed the rule of law for the combination of politics and morality and the magical power;Confucianism advocated ethics,implemented benevolent government,personal moral requirements for self-denial,loyalty and moderation;and the legalist "rule of law","not to be close,not "There is no doubt in the law,and it is broken in the law." The Qin and Han dynasties,the Confucianism and the Confucianism merged to create the basis for the combination of Germany and France.They advocated the introduction of the law,the introduction of the law,the implementation of the Spring and Autumn Desire,and the promotion of Confucian morality and ethics and law.In the Tang Dynasty,Tang Law,as a representative work of the feudal code,summed up the achievements of the past generations of legislation,took its essence,went to its dross,based on morality,used politics as the legislative idea,interpreted the law with Confucianism,and unified the law.Standards and judicial interpretations form laws,orders,styles,and styles,improve the application of laws,and better combine traditional moral concepts with laws to achieve legal Confucianism.In the new era,with the development of cultural diversification and the influence of the market economy,morality is lost,traditional good moral concepts are neglected,the rule of law is slow,the ethical foundation of the rule of law is lacking,and the cost and difficulty of building the rule of law are increased.To build a country ruled by law,we must not only improve the rule of law,but also strengthen moral construction,pay attention to the foundation and promotion of morality,construct socialist morality,combine the rule of law with the rule of virtue,and jointly promote the building of a harmonious society.This paper is divided into five parts to analyze and demonstrate the combination of German and French in the Tang Dynasty.The first part mainly defines the rule of virtue and the rule of law,as well as the basic concepts of the combination of German and French.De originated from Li,which has rich connotations.Morality includes political morality and individual morality.Morality has a longing for good and good,while a person with virtue has the virtues of knowledge,benevolence,holiness,righteousness,harmony,and harmony.In ancient times,morality was used as a medium for destiny and political power.Those who received the hearts of the people were the best in the world.The rule of virtue is derived from the development of its political morality,that is,the rule of morality,the idea of being political and moral,the virtue of virtue,the stipulation of morality,the implementation of moral education,and the maintenance of the three principles.The law is closely related to the punishment and the law.It can be equal to a certain extent.It refers to the objective and fair norms.It also refers to the referee of the gods.The literal meaning is flat and watery.Ceremony is the core of the value of the law,and to a certain extent is also used as a law to regulate the behavior of the people.The rule of law is the rule of the law,and the "rule of law" advocated by the scorpion is universal,supreme,open,certain,and equal before the law.Governing the country in accordance with the law means that everything is broken by law and everyone is equal before the law.Morality and law,as two ways of governing the country,are not antagonistic,but are intertwined.Whether the rule of virtue advocated by Confucianism or the rule of law advocated by the legalists,they have the common goal of maintaining the feudal monarchy and maintaining the imperial rule,but adopting the method is biased.The combination of morality and law is the development of the rule of virtue and the rule of law,that is,the combination of morality and law,the promotion of law by virtue,the protection of morality by law,and the common governance of the state.Morality and law,as means of ruling the country,each have their own functions.They play a role in national governance,and they complement each other and work together.The second part is a historical investigation of the relationship between Germany and France in ancient times,a deep understanding of the development of Germany’s Gennany and France,and the conclusion that the combination of Gennany and France is a historical necessity.The Xia,Shang and Zhou periods are the beginnings of virtue and law.The origins of virtue and law are closely related to the sacrifices,that is,related to rituals.Ceremony is also the early virtue and law.With the development of society,the law is gradually separated and formed its own legal system.During the Spring and Autumn Period and the Warring States Period,a hundred schools of thought contend,the Confucianism,the rule of law of the legalist was backed by legal coercion,which made the country quickly revived and became the dominant idea at that time.In the Han Dynasty,due to the severe punishment of the Qin Dynasty,the peasant contradictions intensified,the interests of the aristocrats were damaged,and ultimately the state subverted,the Han Dynasty learned lessons,adopted the Confucian rule of virtue,and attached importance to moral education,but also focused on the rule of law,advocated the Spring and Autumn Jail,and began Confucianism of law.By the time of the Tang Dynasty,the rulers focused on summing up historical experience.Morality and law should not be neglected,especially the revision of the code,and the Confucian classics as a discussion to explain the law,finish the Confucianization,and realize the combination of German and French.In the Song Dynasty and all subsequent dynasties,this tradition was followed,and the combination of Confucianism and Law became the universal way of governance in ancient China.The third part is the study of the basis and formation process of the combination of German and French in the Tang Dynasty.First of all,the combination of German and French in the Tang Dynasty has a profound ideological foundation,that is,the traditional Chinese humanistic spirit,including:the use of the theory of harmony between man and nature to link the national law,human feelings and heaven and earth,to the people,and to focus on the ideological basis of the combination of national morality and law.Secondly,the rule of ruling is the medium of the combination of morality and law.The law is the external manifestation of ritual.Morality is the core of ritual spirit.The ritual connects morality with law,realizes the combination of the two,and the syllabus of the lord and the lord becomes the basis for the ancient guiding legislation.Finally,the fonnation process of the combination of German and French in the Tang Dynasty is studied,which has an important connection with social development.The Sui Dynasty abused the law,and the tyrannical brutality made the people lose their hearts.The Tang dynasty monarchs used history as a guide,learned lessons,made people-oriented,perfected the legal system,and applied the Confucian classics to explain the law and legalize ethics.German and French combine to conduct social governance.The fourth part mainly analyzes the combination of Sino-German law in the Tang Dynasty.Taking the law of the Tang Dynasty as the research object,the study of the combination of German and French in the Tang Dynasty was mainly analyzed from the aspects of legislation,justice,law enforcement,law-abiding and supervision.In terms of legislation,its guiding ideology is morality-based,punishment is used,Confucian morality and ethics as legislative principles,and Confucian legalization.In the judiciary,strict judiciary,pity and punishment,the Tang Dynasty has a sound judicial system.In practice,it pays attention to applying ethics and morality together with the law.It is good at moral education and affects the people and makes people good.In law enforcement and law-abiding,we strictly abide by the law and advocate law-abiding from top to bottom.At the same time,we must emphasize moral education for law enforcement methods and special treatment for special situations such as old,weak,sick and disabled.In terms of supervision,it is necessary to strictly enforce the law,strictly manage the officials and impose strict sanctions on illegal and criminal acts,and strengthen the bureaucratic professional ethics.The fifth part is the historical influence and the contemporary enlightenment of the German and French laws in the Tang Dynasty.The purpose of the combination of German and French in the Tang Dynasty was to maintain the feudal autocratic rule,to maintain the common ethics,to achieve moral education,to promote moral ethics through the law,to focus on substantive justice,but to ignore legal procedures.The combination of Germany and France has become a major feature of the Chinese legal system,consolidating the status of Confucianism and having a profound impact on later generations and abroad.Due to the market economy and the diversity of culture,the contemporary rule of law construction lacks a basic moral foundation.The combination of the legislative concept of morality and law in the Tang Dynasty and the successful moral education can provide some reference for the construction of the rule of law in contemporary times.First of all,about the legislation,establish socialist morality with Chinese characteristics,strengthen moral construction,and promote law with morality.Secondly,improve the judicial system,learn from the litigation system of the Tang Dynasty,improve the contemporary mediation system,and promote it with excellent moral culture and township regulations.Finally,strengthen governance,achieve official self-discipline and legal regulation,attach importance to school moral education,gradually strengthen the moral foundation and social atmosphere of the rule of law,and create a good rule of law environment for the rule of law.
Keywords/Search Tags:rule of virtue, rule of law, Tang law, deputy criminal punishment, The Combination of morality and Law
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