The Civilized By Education Of The Legal Function: The Interaction Of Qing Code And Authoritarian Rule

This Paper explains the Qing Code and the legitimacy of the proposition from three respects:At first, we defined summarize of the civilized by education of the legal function that Fuzu fatwa because the state recognized and received in a certain sense, In the background of The order of law, legal ethics and morality of the law and the relations of ritual and law, we study the the proposition's meaning and purpose. Then, we focus on "the society's operation mode", "legal recognition of the inequalities in the areas of morality and intelligence. And based on this division of class" and compared with the traditional autonomy of private law under the Western, Qing code's "function is not to arrange for free to set a pattern of behavior" to describe the three aspects of the performance of the civilized by education of the legal function.The second part, we consider that the civilized by education of the legal function is based on the political operation. From the god and the legitimacy of Orthodoxy, legitimacy of the polity had been declared. The highest authority of the monarch's legitimacy will come from the ancestors of the German enlightenment obtained under the shade of customs authority. Demonstrate the virtue of ancestral sources of power legitimacy on the ancestors of the German determination to follow that the legitimacy of power in reality, interest rate war is proof of power of popular legitimacy purposes. Will include the administration of justice in all national activities, including classified as a part of state administration is its logical necessity.The third part, the paper focuses on the civilized by education of the legal function explain the purpose of propositions:the level of society, the legal protection of the unequal social order achieved by the maintenance of authoritarian political legitimacy of the unequal order itself will need further evaluation. Chief of law to provide a political base to get the social recognition of legal legitimacy of the law, in other hand, demonstrate the legitimacy of authoritarian rule. Access to legislative, legal inheritance, a piece of the declaration of effectiveness of the sacred ancestors of the effectiveness of the system, and legal aspects have to prove the origin of political legitimacy. Social research into the way of consensus theory and the Qing state elites and the public observation of the society has a certain fit, and so thought it that the law is an intrinsic coercive force and coercive power of the combination of external, by "reason" and "force".In short, the social legitimacy of the ruling family built on a gentle feelings on ethics, which uphold the rule of law, in return, further proof of the legitimacy of the ruling, the ruling order in a complete set of logical system operation smoothly.