A Research And Analysis On Confucianism In The Shuihudi Qin Law

Shuihudi Qin Law which unearthed in1975, provides a good first-hand material for the study of Qin’s legal system and legal thought.However, up to now, most of the studies focus on the specific institutional which reflected in Shuihudi Qin Law, but ignores the legal thought.Approach to the research on the Confucianism in Shuihudi Qin Law,and on the basis of previous studies, we find the phenomenon that there are a lot of Confucianism ingredients in Shuihudi Qin Law which is different from the traditional understanding, and then get some superficial conclusions as follow:There are plenty of Confucianism ingredients in Shuihudi Qin Law, and this presence is not just embellishment, but has a more substantial meaning.Much of Confucian theories which are very significant,such as "Li","Benevolence","Loyalty and Honesty","Filial Piety","Training" and "Cautious Punishment" and so on, exist in the Shuihudi Qin Law.The phenomenon that a lot of Confucianism ingredients exist in Shuihudi Qin Law,which is different from the common sense,was caused by kinds of reasons. On the one hand is the reasons for the cultural dimensions:such as the common cultural source between Confucianism and Legalism;similarities between Confucian and Legalism;the influence of traditional thought;tendency of integration of Philosophers theory and practice of Lv Buwei’s ideas.On the other hand, for the reasons of reality dimensions:such as the tradition of "Li" of Qin; recogenition and strengthen on the traditional Chinese culture because of the contemption from another six states; spread by counselors who came from other state and practice of pragmatism of governing concept; the practice of Xunzi’s doctrine in Qin, and the reformation of Li Si Qin.The phenomenon that a lot of Confucianism ingredients exist in Shuihudi Qin Law has the significance of the legal history:First of all, to the traditional concept that Qin only accept Legalist’s impact;Second, make it necessary to re-explore real reasons of the Emperor Qin’s destruction at ideological dimensions;Finally,supply new materials to the new understanding of relation between Confucianism and Legalism relations.History is a mirror, we can find some modern significance from the history truth that Confucianism and Legalism ideas co-existed in Shuihudi Qin Law.Under the slogan that "combination of rule by law and governing by virtue, some scholars hope to find the so-called local resources from the traditional Confucian, Legalist thought to the construction of modern civilization of law and politic, but the relation between pre-Qin Confucianism and Legalism is similar to contemporary construction of rule by law and governing by virtue in the surface, in essence, there is a big difference.Therefore,we must do the "disenchantment" before finding ideas from traditional resource.We can not abandon traditional cultural resources, but in the construction of the legal civilization and political civilization, traditional cultural resources indeed are helpless.