A Study Of The Harmonious Value On Traditional Law Of China

Harmony is the concept for human beings. This paper studies it from the points of harmony building, investigates the benevolent rule in China, the thought regarding people as foundational and harmony, the cautious penalty and harmony, the non-lawsuit and harmony, the legal principle and harmony in the traditional law from the view of Law-philosophy, gives a general review of the traditional viewpoints of the harmony of heaven with human being, advocating harmony, matching Heaven with morality, analyzes the Peace system in legislation and the guarantee of implementation in justice and sets forth the mechanism from harmonious value of justice, national law and human feelings to running system of Chinese ancient times.The literature argues that there are some harmonious spirits, such as faith, honest, security, life-focusing, discord-solving in traditional law culture. All the spirits deal with the relationships between morals and penalty, courtesy and penalty, monarch and the people and public server and people. We can say that it involves multi-dimension value system of all factions under the direction of Confucius. In this system, harmony is the key to the spiritual level and sues for peace is the key to the system guarantee. Sue for peace is a process for gradual perfection for harmonious value in traditional law. The reason why Chinese ancient culture and political system are so vigorous is that in ancient china harmonious concept was used to manage the society and design ethic regulations. The value for Chinese traditional law is to affirm the existence of conflict and discord and pursue the harmony in discord, integrate all contradictory relationships to stick up for the stability of monarch and to stable the society by using justice , law and human feelings. Although the value of pursuing collective benefits is a conflict to present value, which advocates people first and equal competition, it is in accordance with the running of the society and lessen the clash of all kinds and stabilize the society, which is good for people objectively. So this point should be focused and borrowed.