requestId:68499addcf5566.59308241.
Confucianism’s “settlement”
——The legal civilization of “family and family” in Qing Dynasty
Author: Xie Jing (Doctor of Law, Deputy Professor of the Chinese Academy of Political Science and Law)
Source: Author Authorized by the Author Confucian Network Published
� Teaching is not serious, it is the laziness of teachers. It is not appropriate for the child to learn. If you are not a child, what is the old age?
——”Three Character Book” [1]
Good governance is not as good as good teaching. If you are good at governance, you are afraid of it; if you are good at teaching, you are loved by others.
——”Mencius·The Heart of the Heart” [2]
The gift is lost and the evil sound is the basis of danger and bullying.
——”Xunzi·Lectures” [3]
Abstract
In the Confucian fantasy and plan to govern the country, education is the main part of it. The traditional dynasty law code represented by the “Big Qing Laws” was deeply influenced by Confucianism, and this concept department was included in it and concentratedly displayed in the laws and regulations on the “family and family ties”. The law and calligraphy work on the common principles of common cooperation with the law, “the first is to create intention; the following is to reduce the order”. However, if the accomplice is a family, “does not discuss intention, and to be the superior, and to be humble and innocent,” and strongly punish and the family’s father, brother, uncle and brother, and brother, who live together in the family, if there is a division (whether you can know) situation, or just “not to be banned and convicted”, it will all face punishment. This is the reality of the “settlement” responsibility of “non-education, the father’s passing” that Confucians seek in terms of morality and laws. When giving the superiors’ special rights to humbleness and young, they also attach the responsibility of education to them. In the eyes of Confucianism, the fantasy method of pursuing education is to celebrate the joy (rather than criminal policy). Gifts are derived from the humanity and the humanity of the humanity of the people, and can achieve the effect of preventing violations of the law and maintaining social order at a relatively large level. When the dynasty transformed this idea into a legal system and used it in practice, the responsibility of the middle-aged parents was emphasized, and the same (or even greater) responsibility that the rulers who neglected to “become parents” should be held accountable, reflecting the selfless intention of the monarch to recommend their own responsibilities.
Keywords:Laws and regulations; cooperation violations; family members violate the law; communism; tribute
1. Introduction—”Educational power” under the “governance of the elders”
In the past research on the family system of traditional Chinese society, scholars often emphasize the “power” of parents in the family, believing that it is “the highest, almost absolutely correct, and it is eternal, as the teacher Qu Tongzu said: “The Chinese family is the ruler of the father and the father and grandfather are the head of rule. All rights are concentrated in his hands. All life in the family… are under his power, and economic rights, legal rights, and religious rights are all in his hands. ”[4] Teacher Cai Leheng also said: “The parents are the rulers and the slanders of the family, and the other is the representative of the family. …The family belongs to the parents, and exists to implement the governance of the parents. ”[5]
However, Mr. Fei Xiaotong had different opinions, pointing out that the parental rights in the traditional social power structure in China is not the absolute “violent power” for the strong and “unwilling power” described by Mr. Qu and Cai. Of course, it is not the “critical power” under the modern Eastern civil system. It is more accurate to understand the integration, which should be a “education power under the rule of the elders” ”, and one of its important characteristics is the current “settlement” responsibility of “not nurturing, the father is over” in morality and laws, that is, “if a son does bad work, the father will be punished.” [6] Behind the strong “power”, there is also a serious “responsibility”.
The authors tend to recognize the views of teachers and teachers. [7] In the “old rule” of traditional Chinese society, parents/respects/masters Lao [8]’s “education” is power, and even more responsibility, but Qu, Cai and other scholars only value the emphasis on strengthening the power side, and must neglect the responsibility behind the power (even if it is said a little). It is just a pity that the teacher, the teacher, has not discussed the unique “seating” responsibility under the traditional Chinese social ruling structure, and has not pointed out in detail what kind of restructuring is the reality of the law. This will not cause misunderstandings, because this “seating” is the case. It is not the “sitting” that we call “sitting” comes from the concepts and system of the Legalists, and is subject to the slander and opposition of Confucianism. This “sitting” of “school does not teach, but the father passes” originates from Confucianism itself. [9]
This article continues to follow the words of Teachers and Teachers and discusses the scope of “Confucianism” in the laws of law – “The Laws of the Qing Dynasty” about “the family is in conflict” Consumering the website. There is still a rare special discussion in the academic community today. [10] The relevant research and discussion foundation is limited to the overall assessment of “cooperational violations” in the traditional era. [11] Only when digital lawyers analyzing various laws and regulations, they have some evacuation and no system view of this problem. The discussion in this article is The department stands on the analysis and negotiation of these lawyers’ views. Through relevant laws and regulations and judicial cases, we explore and show the thoughts and civilization behind the fact that the former students must be neglected at a certain level, and the source of deep hiding and practice – the great embrace of Confucianism in sacrificing and teaching the country to safeguard the whole country.
2. How to “sit together”? ——The rules of “family and family” laws
The “Laws and Regulations of the Qing Dynasty·Famous Regulations” “The law of “complicity and law violations is divided into first” [12] stipulates the general principles for dealing with all criminals of the law:
Anyone who violates the law shall have (first) intention (one person) as the first; (disobeying according to the law) shall be reduced.
According to Shen Zhiqi’s explanation: “Creating intentions means to establish the first thing, and the intention to violate the law is all the author; from the same evil, he listens to the point of making intentions and exerts force, so he is the first to reduce the first.”[13] But if the accomplice is a family, he will no longer follow this principle , but “If a family member commits accomplice, he will only sit in the position of the emperor” – “If you do not care about the intention, sit in the position of the emperor alone, be humble and young and have no guilt”, but “If you are over 80 years old and have illnesses, you will be guilty of the law of the law and be punished by the law of the law and be respected by the emperor”, [14] “If you do not have the position of the emperor, you will only sit in the position of the young and young, and if you are a maid, you will still be in the position of the male husband.” [15]
However, if a family breaks the law and “infringes on others”, they will still “take the first discussion of ordinary people.” The so-called “invasion” is based on the small notes, “invades the scattered property, and the scattered property,” Shen Zhiqi “extends the big explanation”: “invades, invades, and invades the kind of material things, such as scattered property, such as scattered property, and the scattered property; scattered, injures the body, such as scattered property.”[16] The small notion that “invasion” refers only to “invasion” In terms of saying that “extended explanation” is a “invasion of money” that contains all the “invasion of money” and will refer to the abstract “suffering of the kind of injury” as a “injuring body”. Therefore, all the crimes under the “Qing Laws” [17] can be ignored by those who “invade people”. [18] In the fifth year of Daoguang (1825), Qiu Wanjin was determined to scare Li Zhang’s traitor, so he ordered his nephew Qiu Yaozi to rape Li Zhang’s failure, which cause
發佈留言