Research Into The Law Thought Of Bao Shichen

Bao Shichen is the important representative person of the modern landlord rankprogressive party, its law thought reflection settles the process that the end feudalisticideas camp first step divide, as to it's thought to carry on a research, be advantageousto an analysis in the late Ching dynasty the change of the feudalistic ideas.BaoShichen has ever held the post of carrying out the law over a long period of time inthe meantime, have the conducting style that abundant law knowledge andpracticality attain practical use, its thought can reflect Opium War more in front andback the actual circumstance of the Chinese society, and in many respect have theprogress meaning. Therefore study law thought of Bao Shichen, not only as to it's thelaw thought can try to be practical to attain practical use carry on combing a researchthoroughly more, and can also get the useful apocalypse that is advantageous to thepresent social construction.The first part of the article analyzed to the law thought of Bao Shichen "fix amethod to advise an agriculture". Although"heavy agriculture" thought in manyancient feudalism law thinker's thoughts all have a body now, but Bao Shichen holdsthe post of a staff over a long period of time of living practice for foundation, moreastute to developping the agriculture understanding with economic importance. If theagriculture production isn't flourishing, the corrupt Official and bad people collaboratewith mutually easily, result in the officialdom graft, the bad people make fault;Againsuch as value"the farmland matter", will cause the jail sell a method, the judicatoryblackness. All of these viewses is according to practice of understanding, have deepmore. Bao Shichen in valuing the foundation of the development agriculture economyhave the feudalism of the objection"the chaotic use heavy law "traditional idea in themeantime. He thinks that the society is unstable, the reason do not lie in penalty notenough harsh, but lie in the social economic condition that he lay claim to, lie inagriculture development condition. The ruler should analyze the source of thecreation chaotic,rebels first, then have of put shoot, prescribe medicine for specific ailment.If be eager to beg,in brief coarse, appoint heavy law persistently, the resultwill be so terrible we dare not think about it. But lay claim to the law that is gone tothe country to handle a case by official member in place to thought then further bodynow Bao Shichen's value for farm work.The second part of the article analyzed to the law thought of Bao Shichen"expensive social morals". Bao Shichen presume to seek personal gain to disobeyorder the officer, the soil stands in no fear of insulting body, the people swims to goagainst the law, all is return in heart of have no honesty and honor, actually be havethe heart of have no honesty and honor the person to see make whether will head forcrime of an important reason.In the meantime, in order to attain the purpose of theassistance culture, Bao Shichen thinks"the jail not heavy human life", the objectioncures the jail immodesty, "BE opposed to the jail and extract confession";Have tocarry on"three check" while settling jail. These viewses all have it original of place.The third part,the forth part and the fifth part of the articleanalyzed to the lawthought of Bao Shichen "the value law use","the lawmaking forgive","enforce thelaw strict"and" officer and people to learn law"."Gift with teach it, not the rate teachto then have law", Bao Shichen promotes to regard Culture as principle of the premisedescend, elaborating the necessity of the penalty. The law that combined on thisfoundation to discuss"together people with law","with rule of law","the lawmakingforgive" with"enforce the law strict" thought. At above-mentioned discuss process inthe middle, quote from to wrap the many thorough case example in Bao Shichen'swork, reflect to wrap the law thought of Bao Shichen "value the law use", is the mostimportant part in its law thought.Bao Shichen still lay claim to officer's people tolearn law owing to the value used in law.He think"learning law" can with theprovince body, avoid a crime;"Learning law" can keep officials from be subjected tothe act guest hoodwink, changing the situation that the act friend book officermanipulates judicatory;"Learning law"can also make the officialdom to peoplecarefully law, contribute to rotting officialdom custom of change.The sixth part of the article was to analyze to the law thought of Bao Shichen"proceed energetically a change"separately.This part analyzed to the socialbackground that Bao Shichen lays claim to a change first, elaborating it to lay claimto the concrete suggestion with change. Then analyze to the change theories of BaoShichen, the fraud pole but change,understand thoroughly a fraud source and raise apainting and begged to cure a not too nasty change principle to reflect to Bao Shichen's deep understanding for social change as a whole, in spite of is change to the lateChing dynasty society, still to our country the current society constuct, all having tocertainly draw lessons from meaning.