Research On Han Yu’s Legal Thought

From the Confucian Classics of The Han and Tang dynasties to the NeoConfucianism of the Song and Ming Dynasties,Han Yu’s thought is a content that cannot be ignored in this process.Facing the great impact of Buddhism and the old thoughts on Confucianism,Han Yu put forward his unique legal thoughts in order to maintain the orthodox position of Confucianism,hold high the banner of Taoism.Through sorting out and analyzing han Yu’s poems and articles circulating in the world,this paper discusses the background,content and characteristics of Han Yu’s legal thoughts by using literature analysis and legal research methods and referring to previous research results.On this basis,this paper evaluates Han Yu’s legal thought and explores its enlightenment to the present.This paper is mainly divided into four parts: The first part discusses the historical background,personal background and ideological background of Han Yu’s legal thought.The political,economic and cultural background of tang Dynasty combined with Han Yu’s own personal experience and ideological influence jointly spawned Han Yu’s legal thought;The second part is the introduction of The content of Han Yu’s legal thoughts,from the legal principle of "three qualities of nature",the legal concept of "morality first and supplemented by criminal politics",the legal concept of "doing what is appropriate is righteousness" and so on.The third part summarizes the two characteristics of Han Yu’s legal thoughts,which exclude Buddhism and establish Taoism as the only authentic one.Finally,the author evaluates Han Yu’s legal thoughts from four aspects of his positivity,negativity,historical function and current enlightenment.His legal thoughts not only played a positive role at that time and maintained the reign of tang Dynasty,but also had a certain positive significance for today.As an important part of Han Yu’s thought,studying Han Yu’s legal thought can not only make us have a more comprehensive understanding of Han Yu’s thought,but also make us have a deeper understanding of Tang Dynasty’s legal thought as a part of Chinese ideological history.Through the systematic induction and in-depth study of Han Yu’s legal thoughts,this paper finds that his legal thoughts have the characteristics of The Times and individuals,which is still valuable for reference from the perspective of modern legal system.