09 broadcast improvisation essay

1:The legal system of ancient China is a set of legal traditions and legal institutions based on the concept of "heavenly way" and the doctrine of yin and yang as the philosophical foundation, the mainstream thinking of Confucianism as the rationale

theoretical basis, the agricultural mode of production and the blood family clan as the social soil, and the "three principles and five rules" as the core of a complete and well-developed legal tradition and legal

institutions.

For a country with a long history of legal system and a deep legal tradition, the transition from traditional to modern rule of law is particularly difficult. The spirit of the modern rule of law

is the *** same wealth of our humanity, and the modern rule of law also needs to be summarized from the tradition and creatively improved.

A complete and rounded legal tradition and system of thought

At the turn of the century and the special moment of the millennium, reviewing the legal tradition accumulated in Chinese culture for thousands of years, and looking back at the past hundred years of China's law

system's plodding steps during the modernization process will always give people too many thoughts and feelings.

During thousands of years of development and transmutation, traditional Chinese culture has maintained the continuity of development and the purity of the main body, and has become the main

stream of Oriental culture, coexisting with the Western civilization in the current world. In our cultural heritage, the spirit of practicing law, respecting law and emphasizing law also occupies an important place. Since ancient times,

"criminal virtue" has been regarded as the "two handles" of governing the country and the people, and the ancient legal system centered on criminal law constitutes an important part of traditional Chinese culture, and has become an important carrier of the traditional value system.

This is the first time that the Chinese legal system has been regarded as an important part of traditional Chinese culture. Ancient Chinese legal system, whether in the spirit of interest or in the system, technical level, are interlocked, with

has obvious and close connection, so the later generations generally will be the ancient Chinese legal system generalized as "Chinese legal tradition". This is a set of after

thousands of years of accumulation and maneuvering, from the simple childish legal seedling development into a complete system, comprehensive content, the doctrine of profound, unique style of the huge legal

law system, is a set of "Tao of Heaven" concepts and the doctrine of yin and yang as the philosophical basis for the mainstream of Confucianism as the theoretical

The legal system is a complete and sophisticated legal tradition and legal system based on the philosophical foundation of the concept of the "Way of Heaven" and the doctrine of yin and yang, the theory of the mainstream ideas of the Confucian school of thought, the agricultural mode of production

and the social soil of the blood family clan, and the core of the "Three Principles and Five Constants.

This set of legal traditions not only actively and effectively ruled the traditional society by state coercion, inherited the wisdom of life of ancestors and Chinese

civilization, but also had a "decisive" influence on the legal culture of Japan, Korea, Vietnam and Western countries in the feudal era, forming the

The Chinese legal system is unique in the history of the world's legal civilization. For the present generation, this is an incomparably rich legal heritage, but also a legal wealth that is a mixture of refinement and bad

meal, which makes people love and hate each other.

Emphasize the role of law. Since the Qin and Han Dynasty to the Ming and Qing Dynasties, more than two thousand years, each major regime, at the beginning of the establishment of the state to develop a large and comprehensive code of law, as

for the foundation of the national legal system, and as "ancestors into the Constitution" model for future generations. In addition to the basic code, history has also appeared in the order, section, than, frame, style

, canon, edicts, regulations, command, story and other names, the function of each focus of the legal form, as an important supplement to the written code. These legal laws

regulations cover all aspects of national and social life, and their detailed provisions and meticulous thinking are second to none in the history of ancient legislation in the world

. The representative code of the Tang Dynasty, the Tang Law Review, with its superior legislative technique, detailed and complete system, rich and characteristic content, enjoys

an extremely wide reputation in the world, and the design of many of the systems is still admired today after more than a thousand years of reading. The Qing Dynasty's heirloom code, the Qing Laws

Regulations, contains 436 laws and nearly 2,000 ordinances, with about 400,000 words of effective legal text. Such a scale of written law is enough to refute the argument that "ancient China

was a society ruled by men, and there was no law at all".

Emphasizing the mutual use of law, punishment and moral education. "This is a typical summary of the relationship between moral education and law and punishment in ancient Chinese society.

The political doctrine of Confucianism is based on the idea that human nature is not a matter of law, but rather on the idea that human nature is not a matter of law. The political doctrine of Confucianism is based on the theory of the goodness of human nature. Confucius once said, "He who is filial

Being filial

Teaching one's brother, but good at offending one's superiors, is seldom seen; he who is not good at offending one's superiors but good at committing rebellion, is yet to be seen." Therefore, as long as the proper etiquette and indoctrination, it is not difficult to realize the ideal society of "everyone can be Yao

Shun" and "the world is public". The function of law and punishment is relatively limited, the so-called "law can punish people but can not make people benevolent,

can kill people but can not make people clean", so "punishment for the world can not be abolished", but also "for the world is not Shang! Therefore, the governance of the country should be "guided by

to the rituals, and Qi to the punishment", should be "moral main punishment auxiliary". It means that the governance of the country and the rule of the people should be the main means and

fundamental purpose of the promotion of virtue, propaganda and indoctrination, and should not be put before the cart, as advocated by the Legalists. At the same time, the enactment of laws and the implementation of penalties should also reflect and adapt to the requirements of the rites and righteousness of indoctrination,

so that the law can become the best carrier of morality, benevolence and righteousness, and the principles of the famous teachings. Therefore, Confucianism not only advocates the implementation of "benevolent government", but also emphasizes that law enforcement should be "benevolent and forgiving", be

prudent, and "compassionate punishment". Too much emphasis on the role of moral education, in practice, of course, easy to lead to the proliferation of pan-moralism, easy to make the law reduced to politics and

moral subordination and tools, which is its negative side. However, this theory is aware of the broader perspective, multifaceted view and treatment of social issues, and

doubt has its own reference value.

Focusing on family ethics, it emphasizes the maintenance of family harmony and affection. Our ancestors believed that the life of the family is the whole of the lineage, the individual's life

life is the continuation of the parents' life, the children's life is the continuation of the individual's life. This is why we call family kinship "flesh and blood" and brotherhood

"brotherhood". Under these circumstances, when it comes to issues related to the ethics of kinship, the considerations and priorities are very different from those of ordinary people

. The traditional legal system, naturally, has been y imprinted with this mark, and the ethical characteristic of "lightening the penalty according to ethics" has become the most distinctive feature of traditional Chinese

legal culture. In the laws of all dynasties, especially after the Confucianization of the law, the ethical provisions for dealing with killing and injuring, aggression, adultery

stealing, marriage, land and property, and unfiliality of children and grandchildren, violation of religious orders and other ethical provisions account for a considerable proportion of the law. The principles for dealing with these disputes between relatives have always been

the Confucian concepts of honor and inferiority, affinity and affinity, and a set of judgmental standards completely different from those of ordinary people. These ethical rules are full of strong colors of

respect, affinity, name, etc., containing obvious elements of inequality between father and son, husband and wife, and seniority, but they also contain the maintenance of family harmony, emphasizing the mutual support of family members, and in particular, the obligation of the children and grandchildren to respect and support their fathers and grandfathers, and the young and the young to respect and support their elders. These are important manifestations of the traditional virtues of the Chinese nation

.

Focus on mediation, mediation, emphasizing the settlement of lawsuits and disputes. "Harmony" is a long and precious ideological tradition and value pursuit in Chinese society, which contains

the superior wisdom of our ancestors about society and life, and has a profound impact on the judicial proceedings and settlement of disputes in traditional society. Confucius emphasized that "if you don't want what you want, don't do it to others" and directly put forward the ideal of "no litigation", which advocates that everyone should try to restrain their own desires, be tolerant of each other, be considerate, and live their lives in accordance with their own status, so that they will be able to live their own lives in accordance with their own status. If we go about our lives according to our status, there will be no lawsuits; and even if there are lawsuits, we can still compromise and live in harmony with each other. In the long traditional society, "no litigation" was regarded as an ultimate ideal and goal by the scholarly class, which gradually designed and formed a set of rules on

"low litigation", "settlement of litigation", mediation and conciliation. The negative side of these systems is that they over-emphasize "litigation" and ignore the rights and interests of the parties

, but they are undoubtedly very important in easing social conflicts, reducing social costs, eliminating the phenomenon of abusive litigation, and achieving overall social harmony.

However, the traditional Chinese legal system is, after all, a set of concepts and institutions formed under the conditions of an agrarian society, in which there naturally exist some fundamental

, structural defects. Because these deficiencies are fundamental and structural, they are bound to gradually become the spiritual restraints of social

p>progress in the historical flood of social progress.

Conversion from traditional to modern legal system

Since the Opium War, in the midst of internal and external troubles, the Chinese legal system has been in a difficult process of conversion between tradition and modernity. Many beneficial nutrients in traditional law have been implicitly present in modern society. And with the development and progress of society, the conflict between the negative and backward concepts and the modern

the concept of the rule of law, more and more obvious. The concept of identity and hierarchy in traditional law is in conflict with the concept of equality and power

interest in modern society. Traditional Chinese law emphasizes the unequal

relationships between ruler and subject, father and son, brother and sister, husband and wife, eldest and youngest, noble and lowly, superior and inferior, close and distant, and the laws of all dynasties without exception stipulate the absolute obligation of obedience of the subjects, children and grandchildren, etc. to the ruler and father, the officials and nobles, etc. to the superior. The essence of the modern rule of law lies in the fact that the law should be based on the will of the majority of the people, and should be a "public instrument" for the benefit of the world's people rather than a tool for the power of the minority; the law should be based on the principle of guaranteeing the equal rights of each and every member of the society, and should not be treated differently on the basis of race, identity, class or economic status; the law should be based on the principle of guaranteeing the equal rights of each and every member of the society; the law should be based on the principle of guaranteeing the equal rights of the members of the society. differences; the law should aim at promoting the happiness of the majority and social progress

and should not aim at restricting the rights and freedoms of the individual. After a century of social revolution, we have systematically eradicated the unequal

feudal and authoritarian system, and have made great achievements in safeguarding the equality and rights of individual citizens. However, we are still in a society today where the efforts of the state

to advance the modern rule of law are often tempered by traditional resistance.

The traditional "instrumentalism" of the people is a far cry from the modern spirit of the rule of law. In Chinese history, even the school of Legalism, which is famous for attaching the greatest importance to the law,

took the law and punishment as a tool for the monarch to rule the country and to control his subjects, as well as a private tool. The Guanzi - Renfa Chapters said: "There are those who generate the law, those who keep the law, and

those who enforce the law. Those who give birth to the law are also the monarchs, those who keep the law are also the ministers, and those who law the law are also the common people." In other words, the law is the embodiment of the will of the monarch, and it is up to the officials to enforce it

. For the common people, the law is nothing more than a multitude of rules that should be unconditionally observed and obeyed, with no room for choice or comment.

This narrow "tool theory" is an important manifestation of the authoritarian and backward nature of traditional Chinese law. Regrettably, despite a century of change, the idea that the law is simply a tool of governmental administration still has a deep influence on all levels of society, including the theoretical and practical circles of the law.

This one-sided view of the law has a strong influence on the way in which it is applied. It can be said that this one-sided "tool theory" if not transformed, will be a major obstacle to the realization of the modern rule of law.

The traditional "pan-penalism", "pan-moralism" and the modern concept of the rule of law is a far cry. According to the traditional concept of law, the law is the monarch according to

According to the "Divine Principle" to formulate, as the subject can only be unconditionally follow. Any behavior that violates the established order is immoral and illegal, and should

be subject to both moral condemnation and state punishment. This traditional concept greatly limits people's understanding of the law, so that the law and the criminal law

completely equivalent to the law and the government, that "illegal" is a crime, you have to go to jail. And civil and commercial affairs and other private law of the wide range of regulatory functions have been long

neglected, the government can also be overriding the law, the rule of law of the real function of the distortion of the rule of law is distorted, the meaning of the rule of law has been misinterpreted. The modern spirit of the rule of law is

demanding a "comprehensive legal rule". How to enhance the modern legal awareness of all people, correctly understand and play a comprehensive function of the law, will be our

in the new century facing an important legal task.

For a country with a long history of the rule of law and a deep legal tradition, the transition from traditional to modern rule of law is particularly difficult. The spirit of the modern rule of law

is the *** same wealth of our humanity, and the modern rule of law also needs to be constantly summarized from the tradition and creatively improved. If we summarize China's inherent legal

legal traditions on the basis of the requirements of the development of modern society, in accordance with the creation of a set of traditional concepts and the spirit of modernity, the integration of Chinese legal traditions and the Western

modern civilization in one of the legal system, it will be the Chinese nation's another major contribution to human society.

2:Yesterday afternoon, our class held an original activity--wrapping wontons.

Cutting vegetables

We went to the experimental base, ready to cut the chrysanthemum cabbage and mix the filling. Wow, now the chrysanthemum vegetables have grown densely, the growth is very pleasant. A few students with scissors, followed Mr. Song to the vegetable field, with scissors cut up chrysanthemum vegetables. When I was cutting the chrysanthemums, I saw a smile of relief on the faces of a few students, and I thought: they must be laughing at the sweetness of the harvest, right? Although I didn't go to cut, stood aside and watched, there was also a smile on my face, and my heart was satisfied. I saw them cut vegetables without panic, only toward the root of the chrysanthemum vegetables a cut, "pop", a cut down, "pop", and a cut down, the action is very clean and sharp. Soon, the cut vegetables will be full of two pots. "Let's go, let's wash the vegetables!" I don't know who called out, and the "army" set off.

Washing Vegetables

We all went to the sink, grabbed a handful of chrysanthemum greens each, and started washing them in the sink. I grabbed a handful of the vegetables, and when I looked at them, there were some small holes in the leaves, and the sides of the holes were a little withered, and the roots? The root heads were full of dirt and very unclean. I turned on the faucet, laboriously wash up the roots, soon, with the water flow, it is the soil little by little less, until there is none. Next is to wash the leaves, leaves are more difficult to wash, a little hard, the leaves will be "five horse", can only be more carefully washed. I said happily, "I've washed it at last", holding the vegetables. Everyone put the washed vegetables back into the pot and got ready to mix the stuffing.

Mixing the Stuffing

When we got to the cafeteria, many of the people started getting their pots and knives. "Here comes the steamboat!" Whoever gave the order, the students quickly made a path for him to come in. Well, we began to watch Ms. Song chopping vegetables. Just see her put a handful of vegetables on the steam board, left hand holding the middle of the vegetables, right hand began to cut vegetables. I saw that the vegetables cut out were only the size of a soybean, but the flavor of the vegetables was very strong and refreshing. We all enjoyed the refreshing flavor and couldn't help but let out exclamations of admiration. "Excuse me!" I only saw Wu Huanfeng bring a large basin and put all the chopped vegetables in it.

Mr. Song put the meat and tofu in again, only to see that at first they were all different colors, but slowly, slowly ......