Try To Analyze Zhang Taiyan’s New Legal Thoughts

The late Ting dynasty of China by state of flux, the domestic regime change frequently, long-term seclusion state also is broken, the western forces and trends in the impact of traditional Chinese society, social all levels at the time are faced with the modern transformation of the situation. Political change brought the transformation of legal system, and Chinese traditional culture and western between ideas wrestling is deeper degree affect the era of legal thoughts. A body in the late Ting dynasty and early period of zhang taiyan, has the profound Chinese traditional strength, and positive regard the western social and political theory and history of western countries. He in the hole and Xunzi, on the basis of absorbing spencer and other western thought resources, and the Chinese traditional culture and western culture thought thought at the same time, and formed his own new legal thoughts of the original orientation. Zhang taiyan new nomocracy thought is mainly two aspects:one is the traditional Chinese old method for the "five towards (the Wei, Jin, Song and Qi, Ling) method", advocate "drain law", affirmation and claims the "heavy penalty "; The second is absorption of the society, history, law, system, and the customs and etiquette of western new knowledge, especially by the western spencer social Darwin thought influence, will the western modern rule of law concept into the understanding of the theory of Xunzi, keenly caught the theory of Xunzi "group""points" the concept of excavated and interpretation, thus lead "the ritual, common" into "rules","the ritual, common" and "rules" combination.Zhang taiyan not only focusing on the "law" of the authority and independence so as to what legalist school such as name, and focusing on the "custom " to "law" decision function, the difference between Xunzi "law" to "the ritual" the attachment, and emphasized the "take life" as the core content of China’s modern law, so as to present China’s legal construction is still has the enlightenment significance. But the law in China’s independent how to avoid western binary opposition thinking, what custom of legal decision function is the modern meaning,"restrain officer stretch people" is difficult to change the "official and people" inner structure and do not have practical function, these problems are constitute the new zhang taiyan legalism historical limitations.