中国法律体系发展(英文版ppt)
合集下载
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
“灋”
Law
They disagreed with Confucianism’s opinion that “the Li does not reach down to the common people; penal law does not reach up to the great official.”
Key: make the ruler mysterious so that no one can predict ruler’s motivation
Power
Ruler should hold the absolute power and have privilege over all subjeccianism and Legalism in Ancient China
Originated in “Spring and Autumn Period” and “Warring States Periods”, Confucianism and Legalism became the two main beliefs in China, which heavily influenced the traditional Chinese society and the legal system.
Legalism
It focused on the way that ruler govern the states. Legalists aimed at designing a system that could work independently from ruler’s own characteristics.
The Linkage of Confucianism and Legalism
Dong’s theory emphasized the supremacy of Li and the subservience of law.
It established the three authorities: •the emperor’s authority over his ministers, •a father’s authority over his children, and •a husband’s authority over his wife.
Family rules
Chinese family system emphasizes the supremacy of seniority and patriarchy.
The intense family solidarity that gives individuals psychological and economic security through membership in a tightly knit group.
Differences Between Confusianism and Legalism
•The relationship between social order and law Li vs. law
•How Chinese society should be ruled by ethics vs. by law
The Linkage of Confucianism and Legalism
After the “Spring and Autumn Period” and “Warring States Periods”, Dong Zhongshu revised Confucius’ classics by combing the function of Li and Law in Han Dynasty.
Three tools: law(法) tactic(术) Power(势)
Law
Legalists emphasized the principle of “rule by law”, claiming that codified, publicly promulgated laws should be impartially applied except against the highest ruler.
Li Zhi (Rule by Li, 礼治)
The goal of “Li Zhi” is to achieve a harmonious social order in which “each person is able to realize his or her full potential as a human being through mutually beneficial relations with others.”
Confucianism
Confucianism is “a social doctrine that describes appropriate personal behavior necessary for maintaining justice, fairness and harmony in society.”
The main theme of Confucianism was the superior man and a well-ordered society.
Li （Rite）
“Li” governed social relationships, including those between ruling and ruled, the senior and the junior, man and woman, and the blood-related and the acquainted.
A state needed strict laws and harsh punishments to maintain order.
“灋”
Tactic
A set of administrative techniques and method which influences all aspects of ruler’s control.
Law
They disagreed with Confucianism’s opinion that “the Li does not reach down to the common people; penal law does not reach up to the great official.”
Key: make the ruler mysterious so that no one can predict ruler’s motivation
Power
Ruler should hold the absolute power and have privilege over all subjeccianism and Legalism in Ancient China
Originated in “Spring and Autumn Period” and “Warring States Periods”, Confucianism and Legalism became the two main beliefs in China, which heavily influenced the traditional Chinese society and the legal system.
Legalism
It focused on the way that ruler govern the states. Legalists aimed at designing a system that could work independently from ruler’s own characteristics.
The Linkage of Confucianism and Legalism
Dong’s theory emphasized the supremacy of Li and the subservience of law.
It established the three authorities: •the emperor’s authority over his ministers, •a father’s authority over his children, and •a husband’s authority over his wife.
Family rules
Chinese family system emphasizes the supremacy of seniority and patriarchy.
The intense family solidarity that gives individuals psychological and economic security through membership in a tightly knit group.
Differences Between Confusianism and Legalism
•The relationship between social order and law Li vs. law
•How Chinese society should be ruled by ethics vs. by law
The Linkage of Confucianism and Legalism
After the “Spring and Autumn Period” and “Warring States Periods”, Dong Zhongshu revised Confucius’ classics by combing the function of Li and Law in Han Dynasty.
Three tools: law(法) tactic(术) Power(势)
Law
Legalists emphasized the principle of “rule by law”, claiming that codified, publicly promulgated laws should be impartially applied except against the highest ruler.
Li Zhi (Rule by Li, 礼治)
The goal of “Li Zhi” is to achieve a harmonious social order in which “each person is able to realize his or her full potential as a human being through mutually beneficial relations with others.”
Confucianism
Confucianism is “a social doctrine that describes appropriate personal behavior necessary for maintaining justice, fairness and harmony in society.”
The main theme of Confucianism was the superior man and a well-ordered society.
Li （Rite）
“Li” governed social relationships, including those between ruling and ruled, the senior and the junior, man and woman, and the blood-related and the acquainted.
A state needed strict laws and harsh punishments to maintain order.
“灋”
Tactic
A set of administrative techniques and method which influences all aspects of ruler’s control.