Research And Analyse The Confucianism And The Legal Lystem Of Qin Dynasty

Qin Dynasty was the first unified multi-national feudal autocratic monarchy country of our country,though Qin go through,die two generation only,time but short 15 year gone through,so-called " Han Dynasty inherit Qin system ",the legal system of Qin Dynasty has extremely far-reaching influence on following Chinese even the whole ancient feudal society. Say openly that is thought,legal system is set up under the guidance of Legalists thought in Qin Dynasty,because Confucianism is antagonistic to Legalists thought,in addition,the incident of" burning book hole Confucianism ",it is impossible that there is Confucianism in legal system in Qin Dynasty.But I think the pre-Qin period it is quite heavy for Confucianism to influence,Qin for the future to " soly respect Confucian learning " even more Han Dynasty, if influence of Confucianism did not seemed not to conform paying attention to a bit at all inside legal system in Qin Dynasty lying between two," prohibit Confucianism " really so completely in Qin Dynasty? Are the Confucianists so traditional-minded and true as to disappear in Qin Dynasty? In view of this,historical data handed down from ancient times of foundation of this text and unearthed Qin do some to combine and study simply,draw theconclusion:Confucianism is influential to the legal system of Qin Dynasty.This text will use literature analysis and case analysis method—Analyze about materials and other materials handed down from ancient times of law Qin until " whether sleep tiger Yunmeng simple in Qin ",the ones that must appear in Qin Dynasty finally and set up,take Confucianism on the legal construction are the attitude taken in concurrently and used,law Qin include dense the Confucianists color this conclusion.This text is divided into three parts altogether,the first part is to do a simple summary to legal system and Confucianism of Qin Dynasty,while introducing the legal system of Qin Dynasty,have introduced setting-up, legislative activity of Qin Dynasty and Qin Lu's concrete content of Qin Dynasty. Subsequently,manage,recommend the rule of virtue,pay attention to ruling three respects by men and introducing wanting justice of Confucianism from the gift of safeguarding.The second part of article is a key part of the article,describe the impact on legal system of Qin Dynasty of Confucianism.Make use of three pieces of argument to support this argument,first,the impacts on legal system of Qin Dynasty of ethics thought of the Confucianists,mention law Qin and to house guilty regulation to unfilial guilty regulation among them,and Qin LuZhong,to the behavioral severe punishment of" haphazard clan ", the gift to the Confucianists' heavy ethics reflected manages the legal tradition.Second,the impacts on legal system of Qin Dynasty of grade idea of the Confucianists,it is mainly through proving with the different case that fined of the crime the legal system of Qin Dynasty was influenced by the grade ideas of the Confucianists in the law of some Qin of the introduction.Fine,vary with noble of ethnic minority and fine three respects differently because the rank of nobility is fined differently differently,because government posts are different specifically.Third,the impact on legal system of Qin Dynasty of the thought of administration of local officials of the Confucianists,the thoughts of administration of local officials of two of Confucianism,France are nearly two extremes,i.e.the view of administration of local officials of the Confucianists is set up on the foundation of talking about of sex goodness,on the principle of doctrine of ethics centre,Legalists is set up on the foundation of talking about malicously of sex,on the principle of doctrine of power centre. But we see a lot for example require government official to be " well-to-do and faithful and honest "" cultivating one's moral character,nourishing heart" "happy to lead a simple virtuous life" the Confucianists administration of local officials things of view in simple" the rules of being official" Qin,this is another effective circumstantial evidence not abandoning Confucianism in Qin Dynasty.The third part of the article:The Confucianists composition in representative figure's thought of home of Qin DaiFa.This part has mainly introduced two students of Xunzi's—Han Fei and Li Si,they are both representative figures of Legalists thoughts of having far-reaching influence on legal system of Qin Dynasty,include a lot of traces of Confucianism inside such two personages' thought,have proved that included Confucianism in legal system in Qin Dynasty from a side logic.