Confucianism On The Influence Of Han Dynasty Legal System

The connotation of the Chinese legal history is very abundant, during the first two thousand years of history, traditional legal culture has experienced several major changes. During this period, the Legalism, Taoism, and Confucian culture to their own values and ethics of the spirit of the law for some time. A general review of the Chinese Legal System, in the guidelines and spirit of the law govern the soul of the Chinese position is that the Confucian culture. Confucius and Mencius developed by the two Holy Confucian thought, in the Dong Han Dynasty Confucian scholars under development and will be attached to, the content already has a guiding spirit of the law on the meaning of the Han Dynasty. In his book, "Chun Qiu Fan Lu" and "Bai Hu Tong", the Confucian idea of a "Rites" of Chinese thought and then together the law, making the legislative spirit of the Western Han Dynasty formed a legislative one, making differences and different characteristics. In the "Rites" under the influence of ideology, "Li" Ethics and the Han Dynasty required to implement the "Nine law" to combine together and play together the functions of social law at that time, has become the measure and maintain the people of legal rights and status between different standards and basis. The idea of virtue, to love the rule, "Rule by Virtue" has a profound impact on the justice of the Han Dynasty. To facilitate the spiritual rulers rule, Confucian thinkers of the way to enlightenment, "loyalty" and "filial piety", "justice" and the core idea of Confucian morality ruled extensively on the spread, so monasteries, deeply rooted and that moral thought and social culture, legal consciousness forcibly grafted together, and increasingly integrated, so that the source and the flow appears to have a flesh and blood relationship. Criteria including the judiciary, but also advocated the use of "The meaning of" thinking to settle a lawsuit. Coupled with the social status quo, advocating the "wise men of political" and "rule by man" thinking well at all levels of law enforcement agencies have been accepted, wide flat law enforcement, lenient, both human thought and reason, law enforcement has also been a time when many law enforcement are respected.As the Confucian "regulating the family" thinking, by the "parent", "Son," "wife" in accordance with the composition of the family although the "gift" up and down the standards are different, but can still relying on the maintenance of family ties and live in harmony. "Li" stressed young and old are different, but definitely family. Dong advocated in the "three bonds" under the norms thought, if the family can filial piety of their elders, extended to all the elders, superiors, who went to the king, can they feel relieved, human relations will be between a complete, so the whole community will be harmonized. This is called the "create differences and the same", the thought can be described as a "family politics." In create a "different" while the status of access to the "same" values, and social stability in order to get on to the idea of moral guidance by the meaning of a judicial order to further promote the self-ruled, and to promote the "sage of political" spirit, making the whole community has a home of harmony and warmth, which is pursued by the rulers of the Han Dynasty the highest level. In the old and young, father and son, husband and wife as the level of distinction under the ceremony, law, people although the three formed a large extent, beneath a very stable social equality but legal pyramid, with a creative and positive. Thus, although Dong's "three bonds" and other ideological deviation from the original Confucianism of Confucius and Mencius's thought, and in the value orientation and tend to provide the conditions for authoritarian rulers, but by moral enlightenment to create differences in emotional ideological pursuit of social stability and improving people's self-discipline, taking into account the pursuit of human rationality in terms of the whole society and history is still worthy of recognition.