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Contemporary Enlightenment Of The Ancient Chinese Morality Given Priority Over Penalty

Posted on:2018-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2346330515971782Subject:Legal theory
Abstract/Summary:PDF Full Text Request
“Morality Guiding and Punishment Supplementing" is the most important governing theory in ancient China,which colored the law with morality.On the one hand,it restrained ruling regimes not to abuse penalty.On the other hand,it enabled the citizens to acknowledge allegiance to the emperor catering to the need of the oppressing class in the feudal autocracy society.Now our nation is facing a period of social transition,and there lie some shortcomings in state governing and law practicing.As an old saying goes," Using history as a mirror ".It is an effective way for the nation to inherit the traditional culture.In ancient China,the contents of morality and law are totally different from those nowadays.The ruling class promoted the monarch and morality to an important place.All the governing ideas were served as a privilege for the emperor.For one thing,laws can be changed constantly by the monarch,Losing its stability and independence.For another,the ancient morality covered so called thinking: "ruler guides subject,father guides son and husband guides wife".In fact,these are all the ruling tools.However,it is no denying that it really worked in some aspects,which is worth us learning.At present,to accelerate the establishment of socialist rule of law in China and realize the Chinese Dream of Great Rejuvenation of the Chinese nation,from macroscopic aspect,we should stick to the rule of law and not ignore the importance of rule by virtue at the same time,combining them effectively.In the micro aspect,we should integrate morality into the legal operation,taking a well-conceived approach to law-making,and ensure that law is strictly enforced,justice is administered impartially,and the law is observed by all.Thus we can achieve the ideal state of the coordination of law and politics effect.
Keywords/Search Tags:Morality Guiding and Punishment Supplementing, Rule of Law, Rule by Virtue, Operation of Law
PDF Full Text Request
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