A Study On The Pre-Qin Confucian Morality And Punishment And Its Realistic Value

To develop advanced productive forces,it is necessary to have a superstructure corresponding to it and a sound social and economic order,which requires both a sound legal system and a sound moral environment as a basis.It needs both strong legal norms and strong moral support.Thousands of years ago,the country created at the beginning of Zhou Dynasty rulers had already understand this truth,gradually has moral,legal,but with the constant development of the national,social progress,the rulers continued to upgrade the moral and legal status,while the two development are not synchronized,but also constantly mature and perfect process.The status of morality and punishment and the relation between morality and punishment in Chinese ethics history directly was transformed into the problem of the relationship between the moral and the rule of law,the pre-qin Confucian view of DE sentence as one of the typical theory,to explore the morality and punishment is not to be ignored in the role of governance,the pre-qin Confucian view of DE sentence is the basis of the Confucian’s punishment relations thoughts,the essence of Confucian thoughts DE punishment relations section has been the governance of the Chinese nation,household,ACTS of human behavior standard.The relationship between morality and punishment was not only valued by the rulers in ancient China,but also the importance of morality and punishment in modern and contemporary China is self-evident.In its socialist construction,China adheres to the principle of combining the rule of law with the rule of moral,and puts the law and morality in the balance of governance in state and social governance."We attach importance to both the normative role of law and the enlightenment role of morality.We should embody moral concepts through the rule of law,strengthen the role of law in promoting moral construction,nourish the spirit of the rule of law through morality,and strengthen the supporting role of morality in the rule of law culture,so as to realize that law and morality complement each other,and rule of law and rule of moral complement each other." Facts have proved that the success of any practice is inseparable from the foundation and support of theory.Therefore,it becomes more urgent and realistic to strengthen the grasp of the relationship between morality and punishment in Confucianism to play the role of the rule of law and the rule of moral in the present.The first part expounds the development soil of the pre-Qin Confucian view of morality and punishment,that is,the background of its emergence and its social and historical origin,mainly from the metaphysical and hypometaphysical perspectives.From the metaphysical perspective,the philosophical basis of the birth of the Confucian view of morality and punishment in the pre-Qin Period mainly includes the theory of human nature and the theory of heaven and man.This part also discusses the ethical transformation from the Three dynasties of Yin,Shang and Zhou to the ethical transformation of morality.From the perspective of form,the social foundation of the pre-Qin Confucian moral and punishment concept mainly includes the political system,the natural and economic foundation,the social reality background and the own conditions for the formation and development of Confucianism.The second part includes the basic content and ideological orientation of the Confucian view of morality and punishment in the pre-Qin Period,and mainly analyzes the relationship between morality and punishment.First,the development cornerstone of the Confucian view of morality and punishment is the thought of morality and punishment.Firstly,the formation and development of "morality" thought in the pre-Qin Dynasty are sorted out,including the development and positioning of morality by Confucius,Mencius and Xunzi in the pre-Qin Confucianism.Secondly,it elaborates on the thought of morality ruling based on morality.On the one hand,it emphasizes the combination of morality and politics.The last part is a specific description of moral education derived from the thought of rule of morality."Education" is an indispensable means to ensure the smooth implementation of "morality".Second,the Pre-Qin Confucian did not reject the role of "law",and believed that the thought of rule of law was necessary in the process of governing the society,and "law" was an auxiliary means of the relationship between morality and punishment.The content of this part mainly includes the source of "punishment" thought,the pre-Qin Confucianism’s normative expression of criminal law thought and the relation judgment of "punishment" and "law" identity.In addition,in the process of the implementation of punishment should be punished as the moderate principle of his crime to adhere to.Thirdly,it summarizes the relationship between morality and punishment,advocates the governance model of the integration of morality and law,grasses a "degree" problem in the practice process of the relationship between morality and punishment,and adheres to the principle of "mercy and mercy" in methodology principle.Here,we need to pay attention to the relationship between the rule of morality,the rule of law and the rule of man,which is the topic we can’t get around when we study the concept of morality and punishment.Fourthly,from the perspective of the implementation means of the concept of morality and punishment,the Confucian school of pre-Qin advocated that "courtesy" should be incorporated into the law and that "courtesy" should be combined with "morality" and "law" by means of the implementation of "courtesy and morality",emphasizing the comparison between the three,and emphasizing the role of "courtesy" in the Confucian school of pre-Qin.The third part is the evaluation and analysis of the pre-Qin Confucian concept of morality and punishment,including the demonstration of the characteristics of the pre-Qin Confucian concept of morality and punishment,the "morality" as the center,supplemented by the necessary "punishment" rule of virtue governance model;Discussing the outcome of the debate on the classical question of Confucianism,the Confucian view of moral punishment has always occupied the main position in the debate on moral punishment in the later period.Summing up the historical status of the Confucian view of morality and punishment,the governance mode of morality as the main and secondary becomes the ultimate aim of the thought of morality.On the one hand,On the one hand,the ideal social governance model of aiding moral into punishment is too idealistic in practice and has not been really carried out;On the other hand,the essence of the moral punishment view is to maintain the feudal autocratic rule of the view of man,which is the regret of the existence of the concept of moral punishment.The fourth part explores the contemporary value of the pre-Qin Confucian excellent moral punishment thought.The modernization development of China in the new era needs the rule of virtue as well as the rule of law.In the face of many moral and legal problems in China,the essence of the pre-Qin Confucian moral punishment concept is used for historical reference to provide theoretical guidance for the rule of law and the rule of law.Finally,the title combines virtue and rule of law,the construction country under the rule of law requires virtue,is to deal with contemporary relations of the moral and the law,adhere to the socialist virtue with an organic unity of the rule of law,to provide moral support for the implementation of the rule of law of rule of virtue,virtue for rule of law,provide institutional guarantee to realize the legal morality and the moral legalization idea,advocated governing the country according to law and managing state affairs by ethics and combination and coordinated development.