| A theory of realizing warnings from Fu Xing has been recorded in Shangshu Dazhuan?lvshuo and Kongcongzi?lunshu which claim that Confucius put forward in the theory. Fu Xing is also referred to as Lv Xing that was wrote by Lvhou in Xizhou dynasty. Later, in Xuanwang period Lvhou was changed to Fuhou, so “Luxing†is also named as Fu Xing. Fu Xing records the purpose of the new criminal law, contents of the “five lawsâ€, the principle of using the new law, the principle of litigation, etc. What’s more, the thoughts of this new law, for example, being careful to use the “five lawsâ€, using the principle of Zhong Xing, using etiquette to stop the torture, the morality occupies the main position and only capable person can use the new law, have been used by many ancient books and records, and provide theoretical basics for national governance. It is important to govern successfully for these theories that also are main contents of the theory of realizing warnings from Fu Xing.Different dynasties have quoted lots of details from Fu Xing which reveals the main idea of The theory of realizing warnings from Fu Xing.Thogh the texts are scattered,they covered all aspects. This thesis first chapter would study those texts comprehensively and systematically. With reference to annals, political comment, penal code,law and biography, Literature research methodology is adopted during the process of writing. According to the features of the process of the study of Shang Shu and the influence of The theory of realizing warnings from Fu Xing in diffrent dynasties, those texts can be be classified into five parts, like Zhou and Qin Dynasty, Han Dynasties, Wei to NanBei Dynasties, Sui and Tang Dynasties, Song to Qing Dynasty. Besides that, those texts are not only about penal code, but also about moral. So, those texts can be divided into two parts Xing Jie and DE Jie. Xing Jie concentrate on the influence to the later dynasties from Fu Xing,DE Jie concentrates on the demands of moral to the leaders. Based on the study of texts, we can make sure the main contents of the theory of realizing warnings from Fu Xing.The second and third chapter are theories of the discussion about penal law and morality. The former includes criminal laws and judicial process, which about etiquette in politics. Criminal laws are about four aspects, which are "five punishments" attitude, laws as conditions changing and following the principle of punishment. The principles of judicial process have the more influential aspects. If there were confusion in judicial, the judges would pardon crime. Politicians govern the country with the law and review holds carefully. These principles include the rich criminal law thoughts, that provide the good thought for the rulers to use legal means to govern countries. The latter is the core content, which includes “dezhu xingfuâ€, “weiliang zheyu†and things to note for the king. Although DE Jie’s content is few, it is important to govern the country.In a nutshell, the theory of realizing warnings from Fu Xing insists governing a country is not using laws to punishment criminal, but using good moral to let the people touched. From what has been discussed above, politicians must master a good balance between the law and the morality which is closely linked. If we only focus on the one side, the other side would bring bad results. This theory not only can be used in ancient times, also can be used in modern times. Last but not least, we should treat the usage of Fu Xing in different dynasties with dialectical view.Studies about Shang Shu are abundant, most of those are about explaining scriptures, distinguishing the authenticity, etc. But the study of Fu Xing is in the minority, even being the emphasis until 21 st Century Skills. In addition, only “Shubiaoqiguanshuo kaoyuan†of Liu Tong study the theory of “Qi Guan†in detail by the first time. And the study of the theory of realizing warnings from Fu Xing†haven’t been done. So studying this theory systematically is of great value, it not merely accomplish the system of Qi Guan, but also help governing. |