1, "Dharma is the plan of the world and the instrument of all things." (Guan Fa Jie)
Interpretation: Law is the yardstick of governing the country and the objective standard of society. Without laws, the country will be chaotic and people's behavior will be unconstrained by rules. The reason why law is so important lies in its fairness and justice.
2, husband's life law, monarch, law-abiding, minister; The law is in the law, and the people are also. Compliance with the law is called rectification. Ren Fa "
Interpretation: This is a great challenge to the system of "not being punished as a doctor" and "grading punishment" in the Zhou Dynasty. He asked monarchs and officials to "know the proximity, distance, dignity, beauty and evil when applying the law to measure it." Because the law is fair, it represents the overall interests of the country in a fundamental sense and is the highest standard for unifying the world. Guan Zhong called the law "public law" and thought that the law has the highest authority and universally applicable value function, and no member of society can stay out of the law and be above it. Even if the law comes from the monarch, the law is higher than the will, and the monarch should take the lead in obeying the law. The monarch should not change the law at will, but also have the obligation to understand and abide by the law, and ask the officials and the people to abide by the law as well.
3, the legal order, the rules of the government and the people are also "tube? Prohibited by law
Interpretation: Sovereign ministers and ordinary people should also abide by the law.
4. "I don't know the distance between relatives and friends, and the beauty and evil are measured." "pipe? Ren Fa "
Interpretation: The law is the standard to measure everything, and there is no distinction between high and low before the law.
5. "Governing the country makes people do nothing like the law, and banning prostitution and stopping violence is like punishment. Wei can't do two things, politics can't do two things, and the country is ruled by law. Farmingjie "
Interpretation: As a pioneer of legalism, Guan Zhong is famous for respecting and valuing the law. He opposed the Western Zhou Dynasty to regard "rule by courtesy" as the highest criterion of political life, and advocated that the rule of law should be the basis of governing the country, and the country should be ruled by law.
6. The reason why the host forbids it is because it will make the people like it and prohibit the people from doing evil. People's feelings are life and death, and the advantages outweigh the disadvantages. Therefore, the order to benefit people is to do it; If killing is forbidden, it is forbidden, so that people walk because they want to learn from their own politics. ""the pipe. Solution to the situation "
Interpretation: To establish the rule of the people by criminal law, we must first conform to the people's feelings and be happy for the people, and then we can "order the ban". It can be said that we have grasped the key to "ruling the people" psychologically.
7. Those who practice the law must not be improper. "Interpretation of the tube. Version "
Interpretation: In the process of national management, law is a very specific tool. How to use the law correctly is directly related to social stability and national security. Law enforcement must be strict and fair.
8. The law stipulates that disputes shall be stopped at a fixed point.
Interpretation: Canon "tube?" Seven ministers and seven masters ""jurists are so afraid of violence, and jurists are so determined to stop disputes, which makes the governor so governor. Distribution point: determine the birthright. Stop arguing: stop arguing. This term is often used in law to indicate the ownership of something.
Mencius (about 372 ~ 289 BC) was a great thinker in the Warring States period and one of the main representatives of Confucianism. Mingke was born in Zou (now Zoucheng City, Shandong Province). Born in the reign of King Zhou for four years, he died in Zhou Nanwang for twenty-six years. Mencius lived in an era when a hundred schools of thought contended, and "Yang Zhu's words prevailed in the world". Mencius criticized it fiercely from the standpoint of Confucianism. Mencius inherited and developed Confucius' thoughts and put forward a complete ideological system, which had a great influence on later generations and was regarded as the "sage" after Confucius.
Mencius inherited and developed Confucius' thought of ruling by virtue, and developed it into the theory of benevolent governance, which became the core of his political thought. He applied the principles of "pro" and "long" to politics, eased class contradictions and safeguarded the long-term interests of the feudal ruling class.
Mencius closely combined ethics with politics, emphasizing that moral cultivation is the basis of doing politics well. He said: "The foundation of the world is in the country, the foundation of the country is at home, and the foundation of the home is in the body." Later, the idea of "nourishing qi and calming the world" put forward by University was developed according to this idea of Mencius.
The highest category of Mencius' philosophical thought is heaven. Mencius inherited Confucius' thought of destiny, removed the residual meaning of personality god, and imagined heaven as a spiritual entity with moral attributes. He said: "Honest people, heaven is also." Mencius defined the moral concept of honesty as the essential attribute of heaven, and believed that heaven was the origin of the inherent moral concept of human nature. Mencius' ideological system, including his political thoughts and ethical thoughts, takes heaven as the category.
1, learning the law is insufficient, and learning good is not enough to cure it. Upstairs!
Interpretation: Virtue alone is not enough to handle state affairs, and laws alone cannot make it effective. This means that to govern a country, we must combine good governance with law enforcement.
2. Those who have constant production have perseverance, and those who have no constant production have no perseverance. Without perseverance, you will do whatever you want.
Interpretation: People with certain industrial income have certain moral concepts and codes of conduct, while those without certain industrial income will not have certain moral concepts and codes of conduct. If there is no certain moral concept and code of conduct, you will run amok, violate the law and discipline, and do anything.
Third, Han Feizi is the founder of Legalism and advocates the principle of equality in governing the country according to law. Later, Legalism developed into a hegemonic thought, and the thought of kingship evolved from Confucianism of Confucius and Mencius was used in the way of social governance. Han Feizi lived in the 3rd century BC and was a royal family in South Korea at the end of the Warring States Period. He stutters, but he is good at writing books.
In the era when Han Feizi lived, South Korea's national strength was weakening. Out of patriotism, he wrote to the King of South Korea many times, suggesting political reform, arguing that the rulers should regard Qiang Bing as an important task. But the king didn't adopt it. Therefore, according to the historical experience and lessons of governing the country and the real social situation, he wrote more than 100,000 words of political essays such as Wu Zhu, Lonely Anger, Story at Home and Abroad, Lin Shu and Difficulties, and compiled them into a book Han Feizi. His paper was neglected in North Korea, but it spread to the powerful country of Qin at that time, and was very popular with Qin Shihuang. Qin Shihuang sent troops to attack South Korea, and the king of South Korea sent Han Fei to Qin for peace. Qin Shihuang left him for reuse. Li Si, then prime minister of Qin State, was a classmate of Han Feizi. Knowing that Han Feizi's talent was higher than his, he slandered Qin Shihuang and framed him out of jealousy. Qin Shihuang listened to rumors, put Han Feizi in prison and poisoned him.
Han Feizi's main work, Han Feizi, is the work of pre-Qin legalists. This book consists of 55 articles with more than 100,000 words, most of which are Han Fei's own works. At that time, Confucianism and Mohism were the representatives of China's ideological circle, and advocated "king before law" and "restoring ancient ways". Han Feizi's legalist theory resolutely opposes retro and advocates adapting to the times. Han Feizi criticized Confucianism, which advocated "benevolence" and the rule of law, and put forward four policies: heavy reward, heavy punishment, heavy agriculture and heavy war. Han Feizi advocated divine right. Since the Qin Dynasty, the totalitarian rule of feudal absolutism in China has been established, and Han Feizi's theory is quite influential.
1, words are not as expensive as words, and the law is not suitable.
Interpretation: Apart from the monarch's orders, there is no second honorable speech, and national laws and regulations cannot take care of both public and private.
2. A person's trajectory, such as law; Li Guan Wei Min withdrew from prostitution, stopped cheating and forgery, and was punished. If the punishment is heavy, you will not dare to be cheap; If you try according to law, you will respect and not invade.
Interpretation: Nothing can unify people's code of conduct better than law; There is nothing better than punishing and rectifying officials to deter people, eliminate debauchery and laziness, and prohibit fraud and hypocrisy. The punishment is heavy, and the humble dare not infringe on the noble; Law is strict, and you respect it, but you don't invade it.
3. "It is impossible to repair the past without expectation", "If the world is different, things will be different", "Everything is different" and "Everything is Han Feizi Wu Shu"
Interpretation: We should formulate policies according to today's reality.
4. Fa Abu Gui, Don't avoid ministers after punishment, reward kindness and never forget your husband, and Everything is wrong.
Interpretation: When a "law" is enacted, it must be strictly enforced, and no one is an exception.
5, the Yellow Emperor has a saying: The next day is a hundred battles.
Interpretation: Without the constraints of systems, rules and the rule of law, without the sovereignty and political power of the people, the drama of hundreds of battles will be endlessly staged.
6. Therefore, if you run the country well and have clear rewards and punishments (explanation: clear rewards and punishments), then the people will persuade you to make meritorious deeds (explanation: encourage you to make meritorious deeds); If the punishment is heavy, the people should be close to the law. Han Feizi advocates heavy punishment and heavy law.
7. Therefore, the rule of man is impermanent, and only the law is the rule. If the law changes at any time, it will be governed, and if it is suitable for the world, it will be meritorious.
Interpretation: there is no eternal routine for governing subjects, only by law. Laws change with the times, which leads to social stability, and measures to govern the country will play a role if they adapt to social reality. (Legalists look forward and advocate reform)
8. If you show justice, you will dominate power, while if you listen to kindness, the legal system will be destroyed.
Interpretation: recognizing personal conduct, the power of the monarch is divided; Listening to righteousness and preaching corrupt the legal system.
9, know the way of the Lord, I must not be proud of righteousness, not family interests, fame and fortune, must be out of official law.
Interpretation: The wise monarch's way of governing the country is that his subjects can't get fame for personal gain, and fame must be obtained in accordance with the laws of the country.
10, the law is strict, so it is forbidden to go abroad; Severe punishment, so I ordered punishment.
Interpretation: Strict laws are used to prohibit dereliction of duty and eliminate selfishness, while severe penalties are used to execute orders and punish adjutants.
1 1, Fabagui, the rope does not bend.
Interpretation: the law will not welcome the powerful, just as the ink rope will not avoid the bending of wood.
Fourth, Shang Yang, another representative of Legalism: a politician and thinker in the Warring States period, and a famous representative of Legalism. The thought of rule of law in Learning to Be Excellent is deeply influenced by Li Kui, Wu Qi and others.
1, famous saying: a rabbit goes, and a hundred people chase it. Accumulate rabbits in the market and ignore them. If you don't want rabbits, you can't argue.
Interpretation: A rabbit ran away, and many people chased it, but they didn't look at so many rabbits in the market. It's not that you don't want rabbits, but that the ownership has been determined and you can't argue any more, otherwise you will violate the law and be punished.
2. The ban on rape has stopped, and it seems to be a heavy punishment. If the punishment is heavy, the people will not dare to try. Therefore, the old country has no criminal people, and the country has no criminal people. So punishment will not be slaughtered. The execution is light, the light one is not born, and the heavy one is exhausted. This means that rules are based on rules. Pay more attention to execution, light is light, light is more than enough, and heavy is hard to stop. This is called chaos control.
-"Shang Jun Shu Reward Punishment"
Others:
1,' Punishment cannot be abolished in prosperous times, but it is still unpopular in prosperous times'. Ji Yun notes the categories, politics and law, and law of Sikuquanshu.
2, with this staff sergeant, the sky will be restored, sparse and not leaking! Eastern Han dynasty Yu Yan
Punish him for not committing a crime and prevent him from happening. On Tang Law by Sun Chang Wuji
4. Rites are not forbidden, but the law has been applied —— Preface to Sima Qian's Biography of Historical Records of Taishigong
5, the law can punish people but not make them cheap, can kill people but can't make people kind ... Those who value good officials will never hate them before they sprout, and they will be punished if they don't commit crimes-On Salt and Iron by Huan Kuan in the Western Han Dynasty.
6, the country can't, there are bad laws and can't wait-Shen Jiaben.
Up and down 5000 years, China's legal culture is extensive and profound, with famous representatives and historical events in all dynasties. It is also a hundred schools of thought in legal thought. Law and politics are inseparable. Many thinkers are also legal masters and politicians. There were many legal thoughts in ancient China, such as: Mohism's universal love and not attacking; Confucian moral principles and supplementary punishment still have a far-reaching impact on China's political thought. The change of China's legal thought is a natural continuation of the spiritual civilization of the Chinese nation for thousands of years. The understanding of ancient Chinese legal aphorisms should be refined, and some contents are not suitable for the modern concept of rule of law and need dialectical analysis. What I have provided above is just a drop in the ocean, and it is a leak. It is suggested that Lao Yang 707 can read books such as History of Chinese Legal System and History of China Legal Thought, where there is a lot of knowledge in this field. Generally, these two courses are available in law undergraduate courses.
The above contents are for your reference.