Explore On Fali In Neo-Confucianism

Fali and legal system are both products of a country and nation’s historical and cultural traditions and actual national conditions.Since modern times,the modernization of China’s legal system has become inevitable,which inevitably means affirming Western or modern Fali and legal systems,and also means denying traditional Fali and legal systems.But whether it is affirmation or denial,it should not be a complete and absolute affirmation or denial.This should be process of asset reorganization,return to capital and innovation,and comprehensive innovation.We need to consider and weigh back and forth between ancient and modern Chinese and Western,and break and reorganize the Fali and legal systems of ancient and modern Chinese and Western,and discard their outdated content.At the same time,it extracts the cultural essence and gives it new meaning and value of the times.As the highest achievement of traditional Chinese governance wisdom and rational spirit,Neo-Confucianism contains rich Fali resources,and is the historical and cultural foundation and intangible asset of the cause of the rule of law with Chinese characteristics and the development of Chinese jurisprudence.Fali in Neo-Confucianism,especially Chu Hsi’s thought on the relationship between "Li" and "Fa",may serve as a "thought operation platform" for us to integrate Chinese and Western Fali and legal systems.The first chapter is to extract the relationship between "Li" and "Fa" in Neo-Confucianism,and clarify its Fali structure in which "Li" dominates and "Fa" supplements."Li" belongs to the metaphysical categories of transcendence,immanence,ideality,and value,and "Chi" belongs to the metaphysical categories of experience,externality,reality,and fact."Li" is the "legislation" of "Chi".The real world is subject to the conformity,guidance and constraints of "Li".The restraint of "Li" on people is a process from the inside to the outside.In the process of people "Zhi Li Ming De","Xue Yi Cheng Ren" and "Cheng Ji Cheng Wu","Li" is gradually realized,and social order is formed.Among them,whether the rulers can deeply understand and grasp the principles of Li and the people’s hearts,and whether they are able to honor the virtuous and enable them is particularly important for the formation of the ideal order.On the basis of such a view of the universe and order,the Fali structure in which "Li" dominates and "Fa" is supplemented by "Li" is the source of "Fa","Li" is one and "Fa" more,and "Li" does not change and "Fa" Variable and other multiple meanings.The second chapter focuses on the "Great legislator" in the eyes of Chu Hsi and other Neo-Confucians,and demonstrates the process from "Li" to "Fa"."Li" is the implicit basis of "Fa","Fa" is the explicit existence of "Li",and the process from "Li" to "Fa" is the process of natural human culture.Naturally,through the actions of the sages,the Li is manifested from the implicit metaphysical Dao and Li to the explicit Ch’i and Fa.The sage "Ji Tian Li Ji","Xiu Dao Li Jiao",and on the basis of cognition and understanding of the Li,makes up for the deficiencies of the Li with the Fa of man.The "San Dai Zhi Zhi" is an ideal political model constructed by the sages.It is advertised as "Wang Dao" politics by the "Great legislator",and the concept of constitutional significance for those in power is to put the people in the first place.If it is said that "Wang Dao" is established by the "first sage" to demonstrate the Li,then "Shi Dao" is established by the "post sage" represented by Chu Hsi to inherit the Li and Taoism.It is the reflection of the value consciousness of the "post-sage" represented by Chu Hsi under the new situation.On the one hand,human beings are borned with innate goodness,but on the other hand,they have the possibility to be evil,which requires the law to play the role of "preserving the good and eliminating the evil" in human nature.The family is crucial to cultivate and expand the innate goodness of human beings,and the issue of "preserving the good and eliminating the evil" of the law to human nature can be regarded as the relationship between the family and the state,the existence of the family-state continuum and its legal guarantee.The third chapter is based on Chu Hsi’s judicial concept,combined with the judicial concepts and judicial precedents that have been influenced by Neo-Confucianism since the Song and Ming Dynasties,and discusses the basic principles of the application of law from the perspective of Neo-Confucianism from the perspective of "Gudicial practitioners".The application of "Li" precedes the application of "Fa",which is the inherent requirement of "Li" is the main "Fa" supplement.Among them,there are two basic paths,one is the bottom-up social path,and the other is the top-down national path.The former means that individuals should follow the reasonable order of self-cultivation,family order,country governance,and peace in the world in their social practice and life path.The latter means that the state regards the judiciary as a necessary link in the social governance system,and the governance is carried out in the order of wealth,education,regulation,and law.In a specific judicial scene,in the handling of the relationship between the judiciary(person),the law(text),and the Li(conscience),a "reasonable" justice should at least satisfy the following three points: first,good people precede good law;second,meaning of the purpose of the law precedes the norm of the law,and the third is the rational use of power and the abandonment of selfishness.The highest value pursuit of judicial adjudication is to be reasonable and legal,to maintain and protect the cultural and spiritual order of the unity of the family and the country,and to achieve the unity of the moral and legal effects.The fourth chapter summarizes the social ideal of the Confucianists as the order of "Lizhi",and interprets the Fali of Lizhi from the external perspective of modern jurisprudence.The Fali of Lizhi has a distinct pursuit of substantive value,which is in sharp contrast to the formality and procedural nature of the Fali of western rule of law.The Fali of Lizhi has remarkable characteristics such as the multiplicity of the principles of governance,the unity of the internal and the external,and the complementary nature of the laws of governance.Compared with the world ruled by law,the world ruled by Li is a fully rationalized and ordered world,and there is no "blind area of effectiveness".From the perspective of the operating mechanism of Lizhi,Lizhi has a dynamic mechanism for prophets to move forward,an operation mechanism from the inside to the outside,and a guarantee mechanism for the Li to respect the power.From the point of view of the value pursuit of Lizhi,Lizhi is morally pursuing the nature of nature,suppressing evil and promoting good,politically pursuing the commonality of the world and the unity of all things,and naturally pursuing the popular and endless existence of natural principles.The fifth chapter compares the thinking differences between Chinese and Western Fali from the perspective of the deep structure of Fali thinking.As far as the differences of traditional legal culture between China and the West are concerned,the legal difference is its "surface",the Fali difference is its "inside",and the Fali thinking difference lies in its "core".The metaphysics of Western Fali thinking guides people’s thinking beyond the human world,obscuring the specificity and multidimensionality of human existence.Chinese traditional Fali thinking has multiple thinking dimensions such as heaven,earth and human beings,and it is a truthful reflection of the multiple dimensions of human existence.There are differences between Chinese and Western Fali thinking in different thinking dimensions,such as bipolar thinking and three-pole thinking,contract thinking and harmonious thinking,extroverted thinking and introverted thinking,terminal thinking and starting point thinking,which has also resulted in differences between the two in terms of social governance,Fali discourse,and the concept of a community with a shared future for mankind.The traditional Chinese legal thinking is the perfect thinking of "Cai Fu Tian Di",which advocates consolidating the foundation and cultivating the vitality,inheriting and developing,and taking into account the internal and external distances.In the changes of Fali discourse since modern times,there is a tendency to negate and replace the Fali thinking paradigm from "Li" to "Fa" with the paradigm of Fali thinking from "Fa" to "Li".The history and practice of the survival and development of the Chinese nation for more than 5,000 years have proved that "Li" cannot be divided into two,and "Fa" cannot be adhered to one.How to understand and handle the relationship between "Li" and "Fa" can be described as the highest Fali in China.From the perspective of constructing the concept of a common destiny for mankind,Chinese traditional Fali thinking has unique advantages.The return thinking in traditional Chinese Fali thinking pursues the ultimate state of the unity of man and nature and the unity of all things,which itself contains the concept of a community with a shared future for mankind."The world today is undergoing profound changes unseen in a century." As the historical process of the great rejuvenation of the Chinese nation continues to accelerate,the world’s Fali discourse stage will also usher in an era of multi-"Li" dialogue.Neo-Confucianism is the highest crystallization of Chinese ancestors’ living experience,governance wisdom,and rational speculation.Chu Hsi’s thoughts on the relationship between "Li" and "Fa" highly embodies the unique value and advantages of Neo-Confucianism as the study of governance in the pursuit of intrinsic value,the external political establishment,and the organic combination of the two.Although there are many feudal,backward and outdated concepts in Neo-Confucianism,it does not prevent us from absorbing the essence of the ideas in the way of abstract inheritance,and exerting the value of the times in the way of "pouring new wine in old bottles".Deeply excavating and sorting out the Fali in Neo-Confucianism,transforming it creatively,and developing it innovatively is the practical need for the continuous development of the cause of the rule of law with Chinese characteristics,and it is also the demands of the time for Chinese Fali to participate in the multi-"Li" dialogue on the world’s Fali discourse stage.