First, the theoretical basis of Xunzi's thought of "long ceremony" and "attaching importance to law" (1) The theory of "turning nature into falsehood" is the logical starting point of Xunzi's thought of "long ceremony" and "attaching importance to law". Xunzi pointed out in the article "On Evil Nature" that "the evil of human nature, its good is false"; "The nature of today's people is born with good results; ..... suitable for committing chaos and returning to violence. " Obviously, the human nature mentioned by Xunzi is an innate desire for "kindness" and "disease". "Obeying human nature and conforming to people's feelings" will lead to social disorder and thus breed evil. On this basis, he further pointed out that "evil" is caused by the expansion and development of human nature, which provides a human foundation for the necessity of * control. Xunzi also inferred from the thought that "those who have nothing must seek outside" that man is a factor that can change the evil in human nature and artificially cultivate the nature of good. It is necessary to change people's viciousness through moral education and legal means, which is the so-called "transformation and falsification". Therefore, the "theory of evil nature" of "turning nature into falsehood" is the logical starting point of Xunzi's thought of "honoring ceremony" and "emphasizing law". Xunzi believes that it is precisely because of human desire and affection that evil can be caused, so it is necessary to re-educate it and turn it into something, respect it in moderation and prohibit it by legislation. (2) "tomorrow's division of people" is the social basis of Xunzi's thought of "respecting law and ceremony". Before Xunzi, many scholars and sages discussed some issues about the relationship between heaven and man, but they were neither systematic nor clear. Xunzi clearly pointed out that everything in nature changes regularly. Not for survival, not for death. "The fate of mankind and the rise and fall of the country are all thought to be caused by themselves and have nothing to do with heaven, so it is necessary to" separate people tomorrow ". "This proposition is a theoretical leap in understanding the relationship between man and nature." "Tomorrow's division of people" can clarify the division of classes, which is the social basis of Xunzi's advocacy of "respecting the law and respecting the ceremony". Since heaven and man can be divided, classes can be divided naturally, and people belong to different grades or groups, this is a common phenomenon. If the economic and social status is used as the dividing standard, there are differences among officials, scholars and Shu Ren, just like the slave owners, freemen and slaves mentioned later; If we take cultural accomplishment and morality as the standard, there is a difference between a gentleman and a villain. There are gentlemen and villains among nobles, and there are also gentlemen and villains in Shu Ren. Even the same Confucian scholars are divided into great Confucianism, elegant Confucianism and vulgar Confucianism according to their different qualities and talents. If measured by professional standards, all people can be divided into scholars, farmers, workers and businessmen. Everyone always belongs to some level or group. Xunzi believes that in order to conquer nature, human beings must form groups and society. All members of society must work together in Qi Xin and do their part; Otherwise, there will be chaos, leading to poverty and decline. Therefore, in order to clarify and maintain this social division of labor and hierarchy among members of society, it is necessary to set up a "ceremony". Because human nature is evil, it is necessary to make mandatory "laws". "Make evil human nature" clear and courteous, treat it at the beginning of the law and punish it severely ",so as to achieve the goal of" making the world a good governance ". It can be seen that Xunzi's philosophical proposition of "the distinction between heaven and man" is precisely his Confucianism, which clearly distinguishes people's grades and groups, and thus advocates governing the country by courtesy. The relationship between etiquette and law in Xunzi's thought of "attaching importance to ceremony and law" The "ceremony" in Xunzi's Long Ceremony first refers to the standard of distinguishing people's grades. " Owners are equal in rank, different in age, and rich and poor are called "(rich countries). The emergence and evolution of classes and grades are closely related to the development of social productive forces and the production relations determined by them. In Xunzi's time, it was impossible for people to realize this, but it was attributed to the "division but difference" of the holy king. In other words, the ancient kings ruled the people by name and distinguished them by rank. So some people are rewarded and some people are punished; Some people are well paid, while others are poorly paid; Some people are comfortable, and some people work hard; And maintain the kindness of its hierarchical order. These norms for maintaining hierarchical order are "rites". And people's grades are distinguished by wearing different clothes, using different musical instruments and living in different houses according to the "ceremony". For example, the emperor wears a red robe and a hat; Princes wear black robes and hats; Doctors wear long-sleeved clothes and hats; Literati only wear white deerskin hats. Clothing is not made for beauty, musical instruments are not made for the pursuit of music, palaces and pavilions are not built for a comfortable life, and everything is used to distinguish between high and low, good and bad, and heavy. "Noble, virtuous, old, long and righteous. Well done, the order of etiquette is also. "(Outline). However, food, clothes, music, shelter and furniture are all necessary conditions for people to survive. On the one hand, the "ceremony" system restricts people's desire for material enjoyment, on the other hand, it provides institutional guarantee according to grades. "The Book of Rites" said: "Those who are polite will be educated". Temperance and supply belong to the category of ceremony. Therefore, the essence of etiquette is social hierarchy. Xunzi's so-called "ceremony" is also the criterion of people's cultivation and appearance. As "cultivate one's morality" said: "The philosophers are so upright". The article "Book of Rites" more clearly states that propriety is the criterion of self-cultivation. If we don't take the etiquette as the criterion and can't strictly follow the etiquette system, we call it a "people without etiquette", while we call it a "people with etiquette" if we take the etiquette as the criterion and strictly follow the etiquette system. The essence of thinking can be treated with courtesy as being good at thinking; Behavior can adhere to the principle of propriety and righteousness, which is called being good at persistence. Good at thinking, good at persistence, and love ceremony is a saint. "So, the sky is very high; Those who are underground are very low; Infinite, extremely wide; Saints are extremely good at Tao. Therefore, scholars are also saints, and people who are not specialized in learning are also unscrupulous "("Book of Rites "). The most important essence of Xunzi's so-called "ceremony" is the government's rules and regulations and court etiquette. This can be confirmed by the main contents of the "Three Rites". Therefore, Xunzi believes that "the philosophers are the bigger points of the law, and the discipline of the class is also. But in essence, it adapted to the requirements of the emerging landlord class and transformed the Confucian "ceremony" into a new "ceremony" to maintain the feudal bureaucratic hierarchy. The so-called transformation is mainly to abolish the legacy system of nobles at all levels except the monarchical clique in the old "ceremony", and the monarchies directly appoint and remove officials at all levels, thus strengthening the autocratic monarchy. In this way, Xunzi turned the ceremony of the unity of the country and the family into the dual ceremony of the difference between the country and the family, and the old ceremony of cronyism became the new ceremony of Shang Xian's empowerment. On "Fa" in Xunzi's "Emphasizing Fa". First of all, it is clear that Confucianism is not absolutely not about the rule of law. For example, Lv Xing, an article devoted to criminal law, was incorporated into the Confucian classic Shangshu. Confucius also talked about the rule of law. He said: "Tao is the government, punishment is the punishment, and the people are free, shameless; Tao is virtue, qi is courtesy, and shame is dignity. " (The Analects of Confucius, Liren) Confucius did not absolutely exclude politics and punishment, which belong to the category of rule of law, but only thought that virtue and etiquette were superior to each other. Confucius also believes that "a gentleman is pregnant with punishment, and a villain is pregnant with benefits." "That is, the heart of a gentleman has always been based on punishment, while the villain is based on material interests. Confucius has his own unique views on the understanding of "law". He said: "the name is not correct, and the words are not smooth; If you don't speak well, you won't succeed, and if you don't succeed, you won't be happy; If the ceremony and music are not prosperous, the punishment will be lost; If the punishment is wrong, the people will be at a loss. " (The Analects of Confucius Lutz) All these show that criminal law should be implemented under the guidance of rites and music. It is worth noting that "punishment" is used in the Analects of Confucius instead of law. I think it should be understood from two aspects: on the one hand, "punishment" refers to punishment and is interpreted as a causative verb; On the other hand, "punishment" should mean "criminal law", which means written law and law. Therefore, the word "law" rarely appears in The Analects of Confucius. Legalists' great contribution to China's legal culture is to separate "punishment" from "law" and make punishment refer to criminal law and belong to law. "Law" is endowed with legal meaning. Xunzi inherited this understanding of Legalism. The word "law" is used more in Xunzi than in Analects of Confucius, but when it comes to the relationship between "ceremony" and "law", it is basically consistent with Confucius' point of view. For example, the article "Cultivation" said: "Good laws are good, and scholars are also good; Dedication and body, the gentleman also; Qi Ming is inexhaustible, and saints are also. If people can't, they will be disappointed. Those who have the law but have no ambition have a natural meaning, and look at it deeply, and then. " It is exactly what Confucius said: "a gentleman is pregnant with punishment, and a villain is pregnant with benefits." Xunzi believes that "above the scholar, you must use rites and music, and Shu Ren must use etiquette." ("Rich Country"), which is also in line with the Confucian thought that "rites cannot be inferior to Shu Ren, and punishment cannot be superior to doctors" ("Book of Rites"). Qu Li "). In addition, "the proprietors, the bigger the law, the discipline of the class" ("Persuade to Learn"), "the propriety gives birth to righteousness and the law becomes" and "evil nature" still think that the propriety is higher than the law. Because Xunzi lived at the end of the Warring States period, he was able to learn from hundreds of theories. At the same time, the fact that Shang Yang's political reform made Qin powerful made Xunzi further realize the role of the legal system in the country's prosperity. Therefore, Xunzi sometimes goes hand in hand with "law" and sometimes puts great emphasis on "law". "Fa Li Punishment Jing" ("Xiang Xiang") "Tao always has a big shape, and governing the country has a long ceremony. Shang Xian made the people know the party and usurped the public security law, and the people did not doubt it. Reward the gram and punish the thief, at the same time, the world belongs to it. Then, if you divide your duties and command your occupation, material skills and faculties, you will be governed, you will be fair and private, and justice will be clear and private. What Xunzi talked about most was "ceremony". Xunzi believes that "the proprietors are the foundation of a strong country" (in Bing Yi), which shows that he absorbed the essence of Confucian culture, made a new interpretation of "propriety" and often used "propriety" and "law" together. He said: "Li, this festival is also accurate." "... Li Konglun. ("Shi Zhi") "The capital is the bigger point of the law, and the discipline of the class is also". ("encourage learning"). In other words, etiquette is the standard of statutes, and the ethical relationship between people should be stipulated according to etiquette. Rites can be said to be the general outline of legal rights relations and ethical relations. In Xunzi's view, etiquette and law are consistent. Sometimes, Xunzi's "ceremony" and "law" mean the same thing. For example, Xunzi believes that "courtesy is the beginning of law" and the end of governance is also. "Here, Xunzi believes that" ceremony "and" law "are consistent in governing the country. In some places, he made a distinction between "ceremony" and "law". "If you are a scholar or above, you will celebrate it with rites and music, and Shu Ren will make it with courtesy. "He advocated extending the ceremony to the scholars, which was different from the slave society that" the ceremony should not be less than Shu Ren ",but he believed that people must be forced by law, which reflected his class position. Generally speaking, Xunzi's so-called "ceremony" or "etiquette system" refers to the feudal hierarchy and ruling order. The Debate between "Etiquette" and "Wang Ba". On the issue of "Wang Ba", Xunzi advocated different from Mencius: Mencius advocated kingship and opposed hegemony. Xunzi, on the other hand, said, "Long Li respects the sage and the king, and values the law and loves the people and tyrants", and "Wang is the quintessence of the country, refutes and tyrants, and dies without a trace" ("Powerful Country"). If the ceremony is complete, it will be king, if it is not complete, it will dominate, and if it is completely abandoned, it will ruin the country. Xunzi did not oppose Wang Ba, but advocated the development from overbearing to king, from "emphasizing law" to "promoting ceremony", and unified ceremony with law, morality and strength. Xunzi drew a conclusion from the merging station of Chyi Chin and other countries at that time: "It is easy to merge, but difficult to be firm. "That is to say, forced merger is easy, but the difficulty lies in consolidating the results of the merger. The formation of a strong and unified country should start from two aspects: on the one hand, using courtesy, on the other hand, using criminal law. He said: "Let the people rule by courtesy", "Rule by courtesy and punishment, a gentleman should cultivate the sum of the people, be careful about punishment, govern the country, and make the four seas peaceful" (Xiangcheng). In other words, the principle of governing the country is to observe the ritual punishment, the gentleman cultivates knowledge with courtesy, and the people fear peace. Show virtue and be careful with punishment, the country is stable and the world is at peace. It can be seen that Xunzi has the idea of combining etiquette with law and unifying Wang Ba. It initiated the confluence of Confucianism and Legalism in the Han Dynasty, and Wang was overbearing and miscellaneous. From the perspective of theoretical evolution, Xunzi made a critical summary of the debate between "etiquette and law" and "Wang Ba" and "virtue and strength". Third, the role of "long ceremony" and "emphasizing law" in "self-cultivation", it is said: "Anyone who uses blood will achieve something, and ... the country will be restless if it is rude. ".Therefore, the greatest significance of paying attention to the law is to format human relations as * relations. Politeness is very important to people, things and the country. The function of etiquette mentioned in Xunzi can be roughly summarized as: etiquette in personnel management, etiquette law and etiquette in economic management. Personnel management is one of the functions of etiquette. In Xunzi, there is little talk about offering sacrifices to ghosts and gods. Even if ancestral temples and funerals are sometimes mentioned, they are part of personnel. Birth ceremony, study ceremony, wedding ceremony and ancestor worship ceremony all belong to the category of personnel management. The so-called' rude people, rude things, rude countries, restless' actually refers to personnel. "Day can be biological, indisputable, can carry, can't cure people; Everything in the universe belongs to outsiders, and will be divided after being a saint "(Book of Rites). Xunzi believes that heaven and earth can't manage personnel, and only saints can formulate etiquette and manage personnel. "Sage" is the most outstanding person in Xunzi's concept and the subject who can formulate etiquette system. The article "The Effect of Confucianism" praised the saints. The result of managing people according to etiquette is that "the monarch and his subjects, father and son, ... farmers, scholars, workers and businessmen are one" (Wang Zhi). According to these discussions, it may be said that Xunzi's rule of etiquette and personnel is a new concept of etiquette and justice that conforms to the social form of the Warring States period. Managing money for use and developing economy is also one of the functions of courtesy. Rites can control people's infinite desires and ensure that the material conditions of the hierarchy are met. Ceremony is a system and a norm. "Rites are based on property, and there are differences between high and low, and there are some differences" (outline). Therefore, gifts can be used to manage money. Xunzi believes that if businessmen and workers can "promote etiquette", then only a small amount of taxes will be levied on cities, and all kinds of contracts and laws will be fair, so that businessmen will be honest and free from fraud. Xunzi's view is far from the social reality at that time, but he believes that this phenomenon that once appeared in history will still appear in the future. Anyway. Xunzi believes that propriety and righteousness play an important role in social and economic development. The function of "emphasizing the law" is that Xunzi proposed that there was no corporal punishment in ancient times, only symbolic punishment. Xunzi refuted this statement and said: "If people really don't commit crimes, then corporal punishment is really unnecessary, and' elephant punishment' is also unnecessary. If criminal acts do exist in society, punishing serious crimes with minor penalties will cause chaos in the world. "The purpose of criminal law is to' prohibit violence and evil'. If' elephant punishment' is adopted, it is equivalent to pardoning criminals. Therefore, "elephant punishment" was not produced in ancient times when the world was peaceful, but was put forward by some people with ulterior motives who were afraid that the world would not be chaotic. In this regard, Xunzi's "severe punishment to warn his heart" in "Rich Country" and "rule of law" in "Jundao" are also the purpose of governance; A gentleman is the source of law. " All his expositions show that he attaches importance to the role of "emphasizing law". In a word, Xunzi put forward his own basic views on the origin, relationship and function of etiquette from the perspective of "turning nature into falsehood" and transforming human nature. No wonder Dong Zhongshu, a great Confucian in the Han Dynasty, "wrote a good book", and Guo Moruo pointed out that "there were a hundred Confucian schools in the Han Dynasty, and Xunzi really opened the door." Xunzi is indeed a Confucian, which makes Confucianism and law merge; Paying attention to etiquette leads to the unification of etiquette and law.