In study, work and life, papers are the most unfamiliar things for everyone. A thesis is an article to discuss or study a problem. So how to write a general paper? The following is my carefully arranged paper on the two manifestations of the combination of Tang law and etiquette and their influence, which is for reference only and I hope it will help you.
abstract:
The Tang Dynasty was an important dynasty in China feudal society. It ended the long-term division and war, created a relatively unified and stable political environment, and resumed economic development. At the same time, culture began to flourish and develop unprecedentedly, and all aspects of society were full of vitality. The legislation of the Tang Dynasty is also based on the social and historical conditions of this period, which is inseparable from the cultural soil of China. As the representative code of the Chinese legal system, the Law of the Tang Dynasty reached the level of "one's accuracy depends on etiquette, but ancient and modern are equal", which made the legal system Confucian and legalized the Confucian, made the legislative thought adapt to the specific legal system, and completed the combination of etiquette and law, which also had a far-reaching impact on the legislation of the later feudal dynasty and the legal system of neighboring countries.
Key words:
Tang law; The relationship between etiquette and law; Combination of etiquette and law;
First, the basic connotation of etiquette
(A) the basic connotation of the ceremony
Rite is a branch of China's ancient traditional legal thought and one of the characteristics of China's legal culture. As for the origin of rites, there are controversies in academic circles, such as the theory of sacrifice, the theory of exchange, the theory of human feelings and the theory of custom, among which the theory of sacrifice has the most far-reaching influence, that is, "rites originate from sacrifice". As the saying goes, "the great event of a country lies in sacrifice and service", that is, the ancients believed that sacrifice and service were the two most important events of a country. In ancient China, there was a "ceremony" from Xia and Shang Dynasties, which gradually became politicized and legalized in Zhou Gongdan, and became the basic norm to maintain the hierarchy and patriarchal clan system. "Pro" and "respect" have become the basic content of "ceremony". Since the Western Zhou Dynasty, rites have acquired the nature of etiquette, morality and law. During the Spring and Autumn Period and the Warring States Period, through the further development of Confucius and his disciples, "Li" had a far-reaching influence in the ideological and cultural fields. In the Western Han Dynasty, with the development of Dong Zhongshu, Confucianism became the main thought of the rulers in governing the country. As a norm of social life, "Li" has also penetrated into all aspects of social life with Confucianism. In the Tang Dynasty, as one of the core contents of Confucianism, "ceremony" became a part of legislative thought, and the Tang law was "ceremony-oriented", and Confucianism left a deep imprint on the Tang law.
(B) the basic meaning of the law
It is generally believed that the ancient criminal law in China originated from soldiers. Punishment "begins with soldiers", that is to say, the ancient punishment system in China originated from war or military action. In primitive society, there was a war of military conquest and annexation between clans and tribes. Because this kind of war needs strict organizational discipline and code of conduct, the earliest military law came into being in this process, which is also the original law in ancient China. This kind of military conquest and war is also the earliest punishment. This is the gradual evolution and transformation of ordinary law. Therefore, the original laws often have the dual attributes of military law of military repression and criminal law of criminal sanctions. It can be seen that "soldier" is an important source of ancient punishment, criminal law and laws in China. It can be seen that ancient Chinese laws were "criminal" to a great extent. Since the Western Zhou Dynasty, ceremony and punishment, as two different legal forms, have played an important role in preventing and punishing crimes.
Two manifestations of the combination of law, ceremony and law in Tang Dynasty
Etiquette and law are two different codes of conduct. Rites are the guiding norms formulated or recognized by rulers. Their main functions are to prevent crime, educate the people and guide them to do something. As a punishment norm, law mainly punishes and curbs criminal acts and warns people not to do anything. Rites and laws, as * * * norms, are of course related to regulating social relations, but after all, they belong to different norms, and there are still some differences and contradictions, which are mainly reflected in the following aspects: First, there are contradictions and conflicts between the differences of rituals and the universality of laws. The difference of ceremony here is mainly the contradiction between "ceremony" which represents the feudal hierarchical order and "law" which represents the maintenance of the foundation of feudal rule. Second, the conflict between etiquette and law caused by revenge. On the one hand, the rulers of the Tang dynasty expected to strengthen centralization, firmly control the power of life and death, and prohibit people from taking revenge by blood relatives, but this contradicted the legal guiding ideology of the Tang dynasty, which emphasized ethics. It is precisely because of the differences and conflicts between etiquette and law in adjusting social relations and handling social disputes that the legal development of ancient feudal society in China has been in the process of constant conflict and integration. By the Tang Dynasty, the combination of etiquette and law was mature, and the conflict between etiquette and law was well resolved, which was also reflected in the Tang law.
(1) the "ten evils" system of discussing, inviting, reducing, redeeming, combining official system with etiquette and law.
In order to solve the contradiction and conflict between "poor courtesy" and "universality" of the law, the law of the Tang Dynasty stipulated special procedures for judging and punishing nobles and bureaucrats. "Deliberation" is the "Eight Deliberations", which stipulates that when eight privileged people commit crimes other than ten deaths, the emperor can call all ministers to discuss and decide how to punish them, and the result is generally pardon. "Please" is a special procedure that requires the emperor to make a ruling, and it is applicable to officials with more than five meritorious deeds and more than five grades. If the above-mentioned characters commit strangulation, they will be directly reported to the emperor for ruling. "Reduction" means mitigation of punishment, which is mainly applicable to relatives of people who should be invited, as well as people who have committed the following crimes: exile of officials above grade seven. The penalty can be reduced by one level, but the death penalty cannot be reduced. "Redemption" means atonement with copper, and it also applies to privileged classes such as officials. According to the official system, official goods and titles can be discounted and divided into two punishments: apprenticeship and exile. The reason why the Tang law stipulated these systems was actually deeply influenced by Confucianism, that is, the feudal hierarchical order of "ceremony", and at the same time institutionalized and legalized feudal privileges.
In order to achieve the balance between feudal hierarchical order and feudal autocratic rule, the Law of the Tang Dynasty also stipulated ten evils, and severely punished ten evils such as rebellion, rebellion, evil rebellion, immorality and disrespect. Looking at the top ten evils, they are nothing more than crimes that seriously threaten feudal autocratic rule and feudal social ethics. In this kind of crime, whether it is discussion, invitation, reduction, redemption or official system, it must be punished according to the usual statutory crimes. This is actually a good embodiment of the combination of etiquette and law in the Tang law. On the one hand, the law of the Tang Dynasty maintained the difference between etiquette and law through the privilege system, on the other hand, it popularized the law through the "ten evils" system, which solved the contradictions and conflicts of etiquette and law at this level.
(2) the combination of etiquette and law in revenge.
Revenge, as one of the manifestations of the contradiction between etiquette and law, has become an unresolved issue throughout the Tang Dynasty. According to the book of revenge in the whole Tang Dynasty, if we look at this matter from the book of rites, it is natural not to * * * end up with the enemy. According to the law, the murderer wants to pay for his life. Ethics and law are the basis for emperors to govern all peoples, but there are no relevant provisions in the law. If revenge is not allowed, it is against ethics, but if revenge is allowed, I'm afraid people will rely on the law to kill innocent people. Therefore, it is best to stipulate that if there is an avenger, Xiashangshu Province will discuss and report it to the emperor according to the specific circumstances of the case, and handle it as appropriate. Only in this way can we do both classics and laws correctly. It can be seen that the law of Tang dynasty finally dealt with the problem of revenge as appropriate, and did not give a specific solution. It can only make the most reasonable judgment according to the facts of the case and seek the best combination of etiquette and law.
Of course, the combination of etiquette and law has many concrete manifestations in the Tang law, such as the principle of cohabitation as concealment. On the one hand, it is certain to inform the relatives of criminals that it is not illegal to maintain feudal ethics, but on the other hand, it is stipulated that the principle of concealment is not applicable to major crimes that endanger feudal rule, such as rebellion and rebellion, in order to maintain the foundation of feudal rule. In addition, there are many places where etiquette and law are combined in the Tang law, so I won't go into details here.
Thirdly, the influence of Tang law on the legal system of later generations and neighboring countries.
As the flourishing age of ancient feudal society in China, the development of material culture reached an unprecedented height, and the representative system of Chinese legal system was born under such social conditions. Because of its completeness and scientificity, Tang law became a well-deserved representative of feudal code. On the Law of the Tang Dynasty, etiquette and law are integrated, and the legal system is Confucianism. Legalization of Confucianism has been fully reflected in the laws of the Tang Dynasty, and it has become a model of the combination of etiquette and law in ancient China, which has had a far-reaching impact on the feudal legal system in China in later generations. After the Tang Dynasty, the legislation of all previous dynasties basically originated from the Tang Law, and the Song Dynasty "gained and lost at any time because of the Tang Law, Tang Order, tang style and Tang Style". During Kublai Khan's reign, Yuan Shizu also made laws with reference to the system of Tang and Song Dynasties. As for the Ming and Qing Dynasties, it is self-evident that legislation was influenced by the laws of the Tang Dynasty.
At the same time, as a powerful feudal empire at that time, the legal system also had a strong influence on neighboring countries in economic and cultural exchanges with other countries. Korean law and Dabao law, the representatives of feudal legal systems in East Asian countries such as Korea and Japan, were greatly influenced by the Tang law. It can be seen that the Law of the Tang Dynasty is not only a masterpiece of China's ancient feudal code, but its combination of etiquette and law not only played an important role in China's later feudal legal system, but also has far-reaching significance to neighboring countries, and is one of the representatives of the world's feudal legal system.
Four. conclusion
"Morality is the foundation of politics and religion, and punishment is used for politics and religion." Rulers of past dynasties often attach importance to the use of ethical norms of etiquette and laws and the system of severe punishment and severe laws to govern the country. The guiding ideology of the legislation of Tang Law is to govern the country in an all-round way with both etiquette and law, which conforms to the law of national development. At the same time, as a mature product of the thought of combining etiquette and law in feudal society, Tang law accumulated rich experience in consolidating feudal rule and maintaining feudal order, thus making the legal system constantly Confucian and legalizing Confucianism, constantly solving conflicts and contradictions between etiquette and law, and finally achieving the goal of integrating etiquette and law. The rule of law with etiquette and law became a reality in Tang law. Therefore, the Tang Law is a well-deserved representative of the ancient feudal legal system in China. It not only provided legal protection for the political and economic development of the Tang Dynasty at that time, but also provided a blueprint for the development of feudal legal system in later generations, and had a far-reaching impact on the development of feudal legal system in neighboring countries and regions. It is a bright pearl in the history of Chinese legal system.
refer to
Zuo Zhuan was published for thirteen years.
[2] Liao History Volume 6 1 Criminal Law records.
[3] "Revenge of the Whole Tang Dynasty" Volume 549.
[4] History of Criminal Law in Song Dynasty.
[5] Yuan Shi Gao Zhiyao biography.
[6] On the Law of Tang Dynasty and the Law of Famous Cases.
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