On The Combination Of Confucianism And The Legal System Of Han Dynasty And Its Influence

The Han Dynasty was an important period for the prosperity and development of Confucianism.From the time of "dethroning the hundred schools and respecting Confucianism Exclusively",under the guidance of the thought of governing the country by Confucian classics,Confucianism Gradually came into people’s vision and went to the center of politics,especially in the field of legal system,the laws of the Han dynasty gradually became Confucian,and Confucianism had an important influence on the form and content of the laws of the Han Dynasty.The first part introduces the reason and process of Confucianism becoming the legal guiding ideology of Han Dynasty.Although the laws under the guidance of Huanglao thought were relatively loose compared with the laws of Qin,the guiding ideology,legal principles and the criteria for conviction and punishment of Qin law have not changed.At the same time,the thought of "Wu Wei" has also accelerated the expansion of the local separatist forces,in addition,the legal nature of Confucian classics itself Advocates "Benevolence,righteousness,propriety,wisdom and faith" to regulate people’s words and deeds.The rulers used Confucianism to promote filial piety,with the aim of emphasizing the obedience and respect of the inferior to the superior,establishing the social order with filial piety as the core.The second part starts with the combination of Confucianism and Chinese law,and analyzes the Confucianism and the legislation of Han Dynasty,the Confucianism and the Judicature of Han Dynasty.Dong Zhongshu combined the Confucian family ethics with the Yin and Yang,legalist,and Taoist principles of naturalism and obedience to the will of Heaven,the ideal social form of Confucianism was brought into the category of ruling thought,and the combination of Confucian classics and Law was initially realized,which influenced the legislation of Han Dynasty and later generations.Secondly,the lawsuit system,the prison system and the confucianization of the officials in the Han Dynasty also show the close relationship between Confucianism and the Judicature in the Han Dynasty.The third part introduces the influence of Confucianism on the rule of law in Han Dynasty from the angle of "Jue Yu in spring and Autumn Period"."The spring and autumn trial of a prison" has the basic principles of "original conviction" and "mutual concealment of kindred".These principles are all based on the Confucian concept of punishment and morality.Starting from the subjective motive of the crime,on the one hand,they are conducive to the perfection of the legal system,on the other hand,it brings out the subjectivity of case-settling,in addition,it also has the function of balancing the law of Han Dynasty.It would be more accurate and objective to comment on the "Spring and Autumn Verdict" in a specific historical environment.