On Filial Piety In Chinese From The Perspective Of Feudal Law

Filial piety is an old and hot topic forever. As the main idea of Chinesefeudalistic society, filial piety has deep influenced on nation character,action modeand legal idea. And it influences on Chinese legal system profoundly and widely.eing an only emotion of man, the ethical concept of filial piety has always beenconsidered as the core of traditional ethics of ancient Chinese society, plays animportant role on relation between father and son, means both duty and right. Atfirst, the means of filial piety is father's love and son's respect, in Chinese feudalisticsociety, it been interpreted as only filial obedience by thinkers, the ruler accepted itand use it as the idea of law, instruct the construction of law, and become one part ofChinese ethic law. So we can see, filial piety intact relation with Chinese feudalisticlegal system, they are united one point. From a legal point of view, we point out howfilial piety influenced on the theoretical research and judicial practice, become a toolof ruler. On the other hand, the filial piety has two faces, the good and the bad, sowe can study from the good contents.The thesis consists of three parts:The first part we discuss about legal system. First starts with the developmentof filial piety from slave society to feudalistic society, from a abstract concept turninto concrete principles, the main idea of filial piety become power of father, as thecore of Chinese feudalistic ethics, give a lead to legislation; then compare thefather's power to son's duty by using law of Tang dynasty and other dynasty pointout the power of father server for empire.The second part is mainly a careful analysis and research on the judicialpractice, we study it from three aspect such as prosecute,trial,penalty on judicialprocedure, on the basic of a lot of historical materials and judicial cases, compare thedifferent from right of sue between father and son, put emphasize on trial that filialpiety become main idea, to son who is filial obedience, every judge reduce penaltyand praise and honor, the son will suffer more punish who is not filial obedience, even let son suffer for penalty of father and temporary suspension of theexecution of sentence according to father's demand, so we can see the symbol ofjudicial practice is "bend the law" and "adapt to father's behave".The third part mainly reexamines the existence reason and social effect of filialpiety, from four aspect such as the special construction of Chinese feudalisticsociety, mode of production, main idea and the demand of ruler analysis that filialpiety play a important role on manage a household and run the country, give advisefor the construction of modern society of law we need strengthen and pay attentionto traditional of ethics.