On The Evolution Of The Chinese Thought Of "Rule Of Law"

The Chinese thought of "rule of law", is both extensive and profound, starts far back and runs a long, long course. The thought derived from that of Legalist School represented by Shang Yang and Han Fei. The Legalist School raised the thought of "Rule of law"more than 2000 years ago. Through Shang Yang reform, Qin State implemented the thought of "rule of law"and became stronger and stronger, eventually unified China into the first centralized feudal monarchy dynasty—Qi Dynasty. After Qin Dynasty, the thought of "rule of law"declined. When in Tang Dynasty, guided by Emperor Taizong's thought of rule of law, the Law of the Tang secured the realization of the peace and prosperity of zhenguan and established the model for the penal laws of feudal autocracy which was followed by all the other feudal dynasties afterwards. During the end of Ming Dynasty and the beginning of Qing Dynasty, the great enlightenment ideologist Huang Zongxi raised the thoughts of democracy and rule of law, which played an direct role in the forming of that of the capitalist reformists represented by Liang Qichao and capitalist revolutionists represented by Dr. Sun Yat-sen. The implication of rule of law is eventually changed essentially. The thought of "rule of law"in China, leaves us with rich heritages both in theory and in practice. Studying it systematically is not only the need for flourishing our country's legal thought and culture, but also the need for pushing forward the process of rule of law. Nowadays, China's socialist rule of law drive is based on the specific tradition and reality. Therefore, analyzing, summarizing and using for reference the evolution of it will be of profound significance for present "governing the country depending on the Rule of Law, constructing the socialist country with quality of Rule of Law". I choose the rule of law thought of the Legalist School, Emperor Taizong of the Tang Dynasty, Huang Zongxi, Liang Qichao and Dr. Sun Yat-sen that can reflect the trend of it as five parts of the thesis. Chapter One The Legalist School's " rule of law" thought: the origin and early practice of ancient Chinese rule of law 2The thought of "rule of law"originated in the Spring-Autumn times and prevailed in the Warring States period. The Legalist School advocated "rule of law". The Qin State adopted Shang Yang reform, put forward "rule of law"and became stronger and stronger. Qin Shihuang, the first emperor of Qin Dynasty, implemented the "rule of law"thought after reunification of China. However, the ruler of Qin Dynasty misunderstood that "rule of law"was omnipotent. They believed in rigid law and severe punishment so much that eventually led to mercy end only after two generations. 1.The historical background of the Legalist School's " rule of law" thought 2.The main contents of the Legalist School's " rule of law" thought 2.1 The theory system of "rule of law" 2.2 The function of "rule of law" 2.3 The implementation of "rule of law" 2.3.1 Must" take law as the base" 2.3.2 Must" reward generously and punish severely" 2.3.3 Must combine "law", "power"and "art"together 3.The historical meaning of the Legalist School's " rule of law" thought Chapter Two Emperor Taizong's thought of rule of law:The perfection and successful practice of ancient Chinese rule of law During the reign of Emperor Taizong of the Tang Dynasty, China's feudal legal system reached its height of perfection. Emperor Taizong's thought on the rule of law had played an important role in drawing up laws. Guided by Emperor Taizong's ideological system of law, "integrating etiquette into laws, drawing up laws in accordance with etiquette", the Law of the Tang established the model for the penal laws of feudal autocracy which was followed by all the other feudal dynasties afterwards. 1.The historical background of " rule of law" thought of Emperor Taizong of Tang Dynasty 2.The main contents of " rule of law" thought of Emperor Taizong of Tang Dynasty 2.1 The legislation must" lenient and even","concise" 2.2 The judiciary must " punish leniently and kill carefully"2.2.1 Perfect judicial organs 2.2.2 Perfect death penalty examination and approval procedure 2.2.3 Perfect" inspecting the prisoners " system 2.2.4 perfect interrogating system 2.3Pay attention to "abiding by law"and" obeying law" 3.The historical meanings of " rule of law" thought of Emperor Taizong of Tang Dynasty After Tang Dynasty, absolute monarchy stepped into the extreme degree. "Rule of law"thought, as a sharp-edged weapon of the absolute monarchy, was used by the state to dominate the society and the people. Chapter Three Huang Zongxi's thought of democracy and rule of law: The origin and great enlightenment of ancient Chinese democracy and rule of law During the end of Ming Dynasty and the beginning of Qing Dynasty, the thought of capitalist democracy and rule of law began to emerge. The great enlightenment ideologist Huang Zongxi raised the thoughts of democracy and rule of law. His though include two parts. One is the civil rights and separation of powers; the other is democracy and rule by law. His thought played an direct role in the forming of that of the capitalist reformists represented by Liang Qichao and capitalist revolutionists represented by Dr. Sun Yat-sen. 1.The historical background of Huang Zongxi's thought of democracy and rule of law 2.The main contents of Huang Zongxi's thought of democracy and rule of law 2.1 Civil rights and the separation of power 2.1.1 The separation of power of the Prime Minister 2.1.2 The separation of power of the subordinate 2.1.3 The separation of power of local government 2.1.4 The supervising power of the school 2.2 Democracy and rule of law 3.The historical meaning of Huang Zongxi's thought of democracy and rule of lawChapter Four Liang Qichao's thought of democracy and rule of law: The transplantation and failing end of thought of democracy and rule of law of capitalist reformists Liang Qichao is an early advocator of ruling a country by law. This thought of his is not only a systematic summary of eastern culture of law , but also a brave adoption of western modern law concept in his political practice. Therefore, Liang 's thought is an essence of cultural exchange between the east and the west. Nowadays, Liang's theory is still of great realistic significance to the current society. 1.The historical background of Liang Qichao's thought of democracy and rule of law 2.The main contents of Liang Qichao's thought of democracy and rule of law 2.1 Argue the necessity of rule of law 2.1.1 The law is the people's will 2.1.2 The law is a widespread and valid tool to govern a country 2.1.3 The law is a tool that formulates the boundaries of the rights and the obligations 2.2Put forward concrete requirements of the law implementation 2.2.1 Must replace the rule of person with the rule of law 2.2.2 The judicial independence is the base of rule of law politics 2.2.3 Build up a responsible government 2.2.4 Enforcement of the law must be just and strict 2.2.5The people have the right to supervise the implement of the law 2.2.6 The rule of law and the moral education are used together 2.2.7 Strict and clean judicial discipline 3.The historical meaning of Liang Qichao's thought of democracy and rule of law Chapter Five Dr. Sun Yat-sen's thought of democracy and rule of law: The transplantation and failing end of thought of democracy and rule of law of capitalist revolutionists Dr. Sun Yat-sen's deliberation has embraced profound thoughts of rule of law. He pointed out sovereignty belongs to the whole citizens who are thereal masters of the country. He advocated the supremacy of law and the paramount of constitutional law. He respected human rights, advocated equality, and emphasized legislation. He proposed that administration conducted according to law, and he put great emphasis on the independence of the judiciary. 1.The historical background of Sun Yat-sen's thought of democracy and rule of law 2.The main contents of Dr. Sun Yat-sen's thought of democracy and rule of law 2.1People is the master of the country 2.2Law is supreme 2.3Guarantee human rights 2.4Value the legislation 2.5Power restrictness 3.The historical meaning of Dr. Sun Yat-sen's thought of democracy and rule of law In conclusion, during the long course since it is originated in the Spring-Autumn and Warring States period, The Chinese thought of rule of law has made progress continuously with the continuous deepening of the probe and practice. Replacing autocratic rule of law with democratic rule of law becomes the historical trend eventually.