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Old 08-31-2011, 05:24 AM   #1
v7312937
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Default ghd planchas Confucianism on Chinese history, the

Summary: stretches for five thousand years of Chinese law, with its unique Confucian cultural heritage, alone in the world nation legal of the forest. Especially the determine its content and nature, but also determine the law applicable in all aspects. Therefore, we must explore the Civil and Commercial Law Economic Law of China's feudal society, culture, Confucianism can not but further investigation of its significant impact.
traditional sources of Chinese law flow length. Chinese legal system as one of the world's five legal systems, legal system in the human history of a very important place in history. We are the thing of the past by the old law, as well as future generations of scientific research results, not difficult to find: in the Chinese legal system has been imprinted with the Chinese legal system as an important part in the Civil and Commercial Law Economic Law is no exception, as well the important impact of Confucianism. In other words, if you leave the two thousand years of Chinese culture and ideology unifying theme of Confucianism, it is difficult to understand the ancient Chinese Civil and Commercial Law Economic Law of the building. As Mr. Cai Yuanpei said: Law, in criminal law today by the so-called also; now the so-called civil law, is quite in the ceremony. The history of modern people with a higher consciousness, new understanding and a more in-depth study of the historical ties, certainly has a very important theory and practice meaning.
First, natural law, Confucianism concept with the
Throughout the Civil and Commercial Law Economic Law of China's feudal society development of history, we find that the same strain are based on Confucian classics and heaven as the ideological and theoretical foundation, and as a legislative guide. As the ... ... Days to discuss guilty, five punishments five with Kazuya. Here the As well as in This law of nature, our ancestors in the French everywhere, such as law and legal system by the Confucian concept of natural law. Although the autocratic rulers of rampant, but in order to consolidate its feudal rule, but also forget to seek justice in line with the rule means, especially in the founding emperor in particular. The so-called line with heaven,mac cosmetics wholesale, is that it conforms to common sense, humane, responsive day.
this conceptual framework, from the Chinese feudal society, the existence of long-term steady state, we will be able to be explained, this character naturalization of legal thinking and legal system, it played an important role in the consolidation. Historical materialism tells us, not people's ideas determine social existence, but a social existence that determines their thinking. Observation and reflection on the nature of people, reflected in legal thinking, there is a direct result of a significant impact on human natural law thinking of the emergence and development. According to times, the clan leader to lead the people,tory burch outlet, in the long struggle with nature, perception and the formation of a follow natural, Management production and economic development of the traditions and customs. Such as Fu Xi's time for the chiefs, Reticulum to teach tenant fish for the city to the world of people, gather the world's goods, trading retire, get what they want. Clan chiefs presided over the economic life of the scope of activities, including almost a later play a role in economic regulations in all aspects.
the other hand, the ancient Greek legal thought and legal systems, we can come to the same view. As early as the 6th century BC, the ancient Greek philosopher Heraclitus put forward a natural distinction between law and human law; Socrates and Plato are related to the natural law; Aristotle believed that natural law is to reflect the natural existing order of law, human law must be suitable for natural law and justice is the. Stoic natural law that Representative of human reason, is the eternal constant. Ancient Greek Law home both philosophers and natural scientists of quality and excellence, they put the interest of nature, philosophy of observation and thinking to organize and then applied to the field of law, that law is not just human can be arbitrarily given, but also to meet the natural, rational and justice, to reflect the natural order and harmony . Later, the Roman Cicero that distinguished legal thinkers, according to natural life is the best, the law is born from nature, the natural law above all human social legislation with the authority of universal and eternal nature, standards consistent with law and natural, is the real law. Cicero completed a complete theory of natural law system , the premise of natural law, natural equality of human law derived concept, put forward the theory of rational checks and balances, demonstrated free dialectical relationship with the law. Since then,ghd planchas, natural law theory as the theoretical basis of Roman law and through West the whole community development.
almost at the same time, the ancient Chinese philosophers have also been exploring this issue. As early as 645 BC, years ago, the spring and early politics home Guan that , showing the Late spring and made the philosopher Lao Tzu, Chen Hau Wong was one of the world. Spring and Autumn when the politicians were with child products, Zheng said: After heaven and earth, and the reality of the people. the idea of ​​natural law. Already in the Western Zhou Jinwen According to Not only with the meaning of torture and punishment, but also contain Can be seen, only They believe that somewhere in nature, its own legal basis. Thus,abercrombie ireland, the law-making should follow the natural law applied to find the harmony of nature. According to the 'Zhou official According to The deities of the law also. Another example is the They have fully demonstrated China's slave society of civil and economic legislation is deeply rooted in the pursuit of nature, the pursuit of harmony with nature, and orderly legal concept.
TAG Tag: middle economic law, the legal implications of the natural world is the history of Confucian Confucian society


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