The influence of traditional Confucian ethics in China on the legal system

China country originated from the great river basin, and the fertile land along the coast nourished the ancestors of happy families. Frequent floods broke the perfect difficulty. It must be a long-term and large-scale water conservancy construction, so that ancestors are accustomed to obeying unified leadership and praising brave and selfless heroes in water control. Gather the strength of all people to resist the forces of nature and gradually win the ancestors a good opportunity to know themselves. You can't see a trace of god in the fog. Compared with survival skills, the hero worship of the ancestor who led the flood pays more attention to the hard-won peace of life. This rational mapping serves the ideological field, thus producing the thoughts and remarks of a caring person and life itself. One of the masters of Confucian ancient books in pre-Qin period was formed on the basis of absorbing its essence extensively.

Definition of pre-Qin Confucianism

Gai is the focus of frequent disputes between Confucius and Xunzi in the pre-Qin period. I think that in pre-Qin Confucianism, that is, the essence of Confucius and Mencius is "benevolence", and the importance of self-cultivation and human nature reflection is on either side of the so-called "near analogy". Xunzi is a Confucian, but outside, in his mind, "its focus is on all external constraints, and the act of establishing a code defined in this way is' ceremony', which has no basic meaning of Confucius and Mencius." In pre-Qin Confucianism, the thoughts of Confucius, Mencius and Xunzi were not discussed.

The main contents of Confucian legal thought in pre-Qin period

(1) Ren

Confucius, the founder of pre-Qin Confucianism, devoted himself to human life practice and characterization, instead of talking about ghosts and the spirit of the other side. He borrowed "benevolence" and established the lofty ideal of being a man. Take Zigong as an example, Bosch, people can be in Jizhong, can it be said that gathering is benevolent? "Confucius's answer is:" What's the matter? Necessary sacred waiting! Yaoshun Utah disease! The husband's grace is already in the jade, and its purpose is to get talent. " (Courage) and "Benevolence" are profound humanitarian ideals of human love, and they are really high on Yang Mi. Even Confucius, Yao Shun, praised the endless ancient sages, which could not be fully achieved. For China people, "benevolence" is sacred, and there is no personalized "god". The difference is the personality of "God", "the other side" and "benevolence", but it is at its peak in the real world. Confucius also established some things close to "benevolence" that are closely related to reality and have definite connotations, such as "loving people", "loving all people", "flute", "maintaining politics" and "teaching before punishing". People feel that the moral peak of "benevolence" is still rooted in the earth, not illusory, so they have the courage and confidence to approach.

Mencius said that the metaphysical basis of the concept of "benevolence" in Confucius' philosophy is basically beneficial to the people. Said, "in everyone's sympathy; Pity, pity is over; Not from the outside, my inherent Firth "sympathy", unbearable situation. What is the instinct to touch tenderness seems to have nothing to do with the success of life outside and the road to life, because the meaning it contains is not a bad idea, it reveals the feelings of others, and there is nothing to prepare. " (Liang Shuming) This explanation is similar to the "goodness" of Greek ethics and Buddhism. gift

(2) Rite is the requirement of the cultivation of the externalized inner quality of benevolence. Confucius' concept, "ceremony" is passed on to Zhou, and "ceremony" is in the middle of Zhou, which is the concept of maintaining social order in various social books. "Li" is an external heteronomy norm and system, which is carried out by observing Li as an external law and system. Confucius' Book of Rites accumulated the "benevolence" ceremony and gave up its compulsion. "Being the first", self-denial, a person who returns to humanity in the world? Therefore, "man is heartless" and "gifted", he is completely an external dissident, and he will not want to make people. "The award ceremony has become the virtue of his inner instinct and the gift of his spiritual consciousness" and "benevolence" are unified. Through "ceremony", people's spirit is no longer bound by rigid laws and systems. He let go of "malicious", numb "Zhou" and "Lai" and promoted blood flow, which is the highest evaluation standard of Confucius' internal and external behavior.

Rule (c) Men

In Confucian nursing and life, it is inevitable that social groups rely on people to send attention. Utopia of Confucian Sacrificial Desire in Pre-Qin Dynasty. Li ruled by propriety as the intermediary, and implemented the law of pure mandatory rules, which paid attention to people instead of rulers and fun, and became the theoretical basis of inevitability and goodness of human nature. The pre-Qin Confucian social organization's respect for Tao can be summarized as "benevolence inside and courtesy outside", that is, to coordinate people's behavior with the unexpected ideological and moral cultivation of "benevolence" and the "gift" of external normative judgment, so as to achieve a harmonious state of society.

In the process of management, social organizations and people's code of conduct, from the outside, are controlled by others' code of conduct, which is called his organization, while * * * people with ideals, beliefs, psychological morality and values? As a tacit understanding, consciously regulating personal behavior is called the result of "self-organization". Harmonious dialectical thinking with the two concepts of "self-organization"-a coherent feature of his organization.

First, Confucius' benevolence is interpreted as "love", which is the standard of personal moral cultivation and the real management principle of dealing with the highest political relationship between people and the country. Therefore, in benevolence, while emphasizing the subject spirit and morality, benevolence becomes people's inner experience and external practice, which limits people's way of thinking and moral standards for specific behaviors. The life theory of personal moral cultivation, that is, the way of combining ideological and moral cultivation with political state, has become a means of social organization, which has promoted the functions of "different people have different opinions" and "self-organization"

Secondly, after the sacrificial ceremony in Zhou Gongdan, "Li" has become the sum total of the behavior rules of the whole country, which is true for communities, families and individuals. For this reason, courtesy is related to the political function of consolidating state power, maintaining monarchy and governing the country. Therefore, it is a part of legal coercive force and the support of state power. "Rite" is essentially the power of pre-Qin Confucianism to regard "law" as an objective and external system to regulate people's behavior, and the organization of ceremony is benevolent.

Benevolence is a subjective moral cultivation, and propriety is an objective rule, which is beneficial to the external control system. They reinforce each other, and the relationship between "benevolence inside and courtesy outside" and the structure of decoupling inside and outside have the characteristics of "self-organization"-he organized a coherent.

What needs to be explained here is that the previous statement that "the perfect unity of Confucius is constructed in the ceremony of self-discipline, and the ideal realm of benevolence, righteousness and propriety cannot be regarded as the ceremony of Confucius" is an absolute denial of heteronomy. The only way is to "ritualize" the realm of heteronomy and self-discipline The most important thing is the "gift" that must be satisfied. As a model, its main ceremony is benevolence.

Rule by man, rule by all, and rule by courtesy.

Pre-Qin Confucian legal theory

The pre-Qin Confucian etiquette, combined with China's self-discipline, the safe operation of society, until his law, perfect self-discipline, and then the harmonious service of the wise monarch and ministers, constituted a utopian political vision. Reality is a struggle, not an aging experience, but a model of eternal life, not a rising surname, but a peaceful and harmonious self-interest. The premise of this ruler, so it is not unsuccessful.

Confucius, a born Confucian, advocated "loss" from the very beginning, and celebrex had spirit, which led to philosophical lessons such as the openness of the world outlook system, nutrition and the ability to mix systems. And its successor takes Confucianism as the ruler, which continues to make many people suffer, so it is a long-term stage in history. The political and legal thoughts of pre-Qin Confucianism have lost money almost beyond recognition, which can be said to be the long history of pre-Qin Confucianism sinking into the system. Only a part of Confucius' thought and spirit has a long history, and even technology has reached the flesh and blood of China, becoming a deep thing.

1。 mercy

The influence of Confucian legal thought "benevolence" is the most profound. Passive rulers only consider their own interests, pointing out that the interests of the "people" must be considered. To reconcile the relationship and great influence between the ruling class and the people, the previous "peace and prosperity" did not dare to undertake the political and legislative policies of this concept. It is difficult to erase the alienation of the Pacific strategy and the role played by the pre-Qin Confucian vision in realizing the smooth progress of social production and the sustainable development of Chinese civilization. Our predecessors have proved it through many detailed analysis, so I won't go into details here.

2。 True dedication

At the beginning of this paper, it is pointed out that Confucianism in pre-Qin dynasty was born to take care of real life. Although it is called "ultimate concern", his admirer Ren lives in the whole society day after day to perfect and ideal the religion in heaven. This has a great impact on future generations:

(1) Moral rationality is very developed in our culture. The ethics in the whole history of China's thoughts are in people's minds.

(2) Overindulging in reality, rather than transcending the thought of "the other side", will inevitably lead to rigidity, alienation and vulgarization in a certain period of time. For example, Confucius's "self-denial" said: "Mencius" and "Yang Zhiren", which is based on the necessary recognition of everyone. "On the premise, starting from the maintenance of these communities to families, clans and countries, we emphasize the rational, moderate and unreasonable restrictions on people's desires, including those in power, including the code of moral virtues and wisdom letters. But later generations focused on China's realistic system, Zhu Cheng's Neo-Confucianism, "development" and how to "save justice and human desires", which is the classical theoretical basis of asceticism.

(3) Realistic dedication is also reflected in the rich knowledge connotation of pre-Qin Confucianism and the attitude of "learning without thinking". Although desolate, it is dangerous to think without learning and skills. The "red-blooded hand" particularly emphasizes, but its "wisdom" does not mean that it welcomes the interest of pure rational speculation, but that its principle is "to be virtuous, to be practical and to be generous" and to focus on solving specific problems in real life. For thousands of years, people's pursuit of knowledge is very utilitarian, and then it has developed into a scene of prosperity. Therefore, people can intuitively create four imprisoned fireflies for people who don't understand its scientific truth, which embodies Guangxu's book of trying to learn the way of governing the country, but there will be no fiery intuition and logical reasoning ability. When the fruit is ripe, I will meditate on Newton's command and get rid of my mind to think about light and refraction. Whether this way of thinking is embodied in thought or excellent law. Confucius' benevolence system mentioned that "imitating and correcting mistakes, hell, learning from Yao and Shun is a very intuitive way of thinking. It looks perfect at first glance, but it's impossible. Everyone is Yao and Shun, so this method is not a method. The structure of God-fearing poems embodies the theories of "punishing evil and promoting good", "being careful in killing sympathy" and "maintaining law and discipline" in people's life and rule for thousands of years, and the resulting strategy of governing the country. At first glance, it looks perfect, but the supreme monopolist may not be willing to accept it. Just like Fan Zhongyan's "anti-dogmatism", the theoretical limit of the monarch does whatever he wants. At the moment of acceptance, the result of "human death" may not be avoided. "So, no matter in good times or bad times, no one has a logical analysis framework for the whole regime, but only a new round of alternating anti-chaos struggle. Generally speaking, pre-Qin Confucianism inherited the resistance of transcendence, and fine-tuned after variation, and later Confucianism surpassed reality at the same level. How to exclude it without surpassing it? This is also one of the reasons why China's feudal society was a rather long democratic thought.

3。 A chubby person.

Pre-Qin Confucianism paid attention to the overall concern for people, "Don't let a child fall behind. Its basic starting point is to maintain the family, race and country with the same interests, adhere to a practice of sacrificing individual differences and individuality in order to maintain universality and universality, and praise the benevolent people who "die for benevolence" and the gentleman with dangerous and deadly bushido spirit. It is indeed the result of promoting social development in a certain historical period. China people inherited the moral value orientation of the followers' code of Confucianism and Confucius in the pre-Qin period, and played a leading role in the traditional culture of China for a long time. They gradually internalized their psychological structure, and they had excellent consciousness and group, but lacked independent individual and subject consciousness. China's feudal society became an elongated and slowly developing ideological and cultural state. The Enlightenment is a very profound resistance to the concept of modern democracy, freedom and human rights. Even in the new legislation, this excessive moral requirement is inevitable. It is a moral embodiment of civil law to encourage thinking that managers' wages and other terms are not required.

The views in this paper are quite narrow and immature, but please forgive me.