Try to describe the controversy of etiquette and law in the late Qing Dynasty, and try to describe t

In the history of Chinese legal thought, there have been two major disputes over etiquette and law. The first time was during the Spring and Autumn Period and the Warring States Period, after a lapse of more than 2,000 years, China changed from a feudal society to a semi-colonial and semi-feudal society.

In the last years of the Qing Dynasty, there was once again a major dispute over etiquette and law in the field of legal thought.

Although the two ritual-law disputes have different natures and contents, they both have had an extremely profound impact on the development of Chinese legal thought and legal system. There are many comments on the former, but there is little discussion about the latter.

Briefly describe the "dispute over rituals and laws" in the process of law revision in the late Qing Dynasty.

View answer analysis [Correct answer] The "ritual controversy" in the late Qing Dynasty revision of the law was a debate over whether traditional rituals should be added to the new criminal law. In the controversy, the conservative forces represented by Zhang Zhidong and Lao Naixuan were called the "Rite School", and the innovative forces represented by Shen Jiaben, Shoumin Wu Tingfang, and Yang Du were called the "Jurisprudence School". The "Hu Qin Repentance Controversy of Etiquette and Law" finally ended with the concession and compromise of the "Jurist School".

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Knowledge points of this topic: The practice of law in the late Qing Dynasty

In the "controversy over rituals and laws" in the late Qing Dynasty, the main representative of the "Jurisprudence School" was ( ) aLao Naixuan.

b.Kang Youwei.

c.Zhang Zhidong.

d.Shen Jiaben.

Check the answer analysis [Correct Answer] d

Answer analysis] The "Jurisprudence School" is represented by Shen Jiaben, Wu Tingfang, and Yang Du. (P279) Knowledge points of this question: Late Qing Dynasty law cultivation activities,

First of all, we need to recognize the difference between the traditional morality and the new law, and not confuse them. Second, we need to respect traditional morality, understand the values they represent, and use them as the foundation of our code of conduct. In addition, we need to promote the inheritance of traditional morality through legal and cultural identity and malpractice.

For example, education, advocacy, legislation and other means can be used to strengthen people's awareness of traditional morality as a cultural identity. Finally, we must also carry out appropriate reform and development of traditional morality in light of the changes of the times and new circumstances, so that it can adapt to current life.

The etiquette system is not good, and the punishment is not medical" is the basic feature of the "etiquette system" in the Western Zhou Dynasty. "Courtesy is not for the common people" mainly refers to the hereditary privileges given to nobles at all levels, privileges that commoners and slaves do not have. "Punishment is not medicine" mainly refers to the sharpness of the punishment, not against the nobles above the doctors, but against slaves and commoners.

Within the aristocracy, the treatment was different due to the different ranks. Therefore, under the "ritual system" of the Western Zhou Dynasty, the hierarchy system was very strict, "the sky has ten days of imperial burial, and people have ten degrees"; Different names have different rituals. In addition to the old people who can wear silk, the common people can only wear linen and gingham products, so the common people call themselves "vulgar clothes".

Due to the shortage of products, people have strict systems for clothing, food, housing and transportation, stipulating who can use the products and who cannot use the products. Therefore, the people "have no wine, no meat, no sacrifice", "the king does not kill cattle and sheep for no reason, and the doctor kills dogs and pigs for no reason". The rule of law strengthens the rule of etiquette.

Zuo Chuan: The Sixth Year of Zhao Gong" contains "Business has a chaotic government, and the punishment is soup". The Zhou Dynasty "Lu Xing" is one of the earliest existing legal documents in China, which roughly divides various violations of etiquette into different punishment methods: "five punishments", "five punishments" and "five crimes".

This combined the norms of ritual with the method of punishment in a relatively fixed manner, and took the first step on the road of differentiation of ritual and law. <

With the fixed combination of certain violations of the ritual law and the punishment method, the initial legal norms were formed, and the germ of the law sprouted in the ritual law. This is the earliest content of the Xingshu. Etiquette and the rule of law are important norms for the social wealth distribution system and the maintenance of social ruling order.

During the Spring and Autumn Period and the Warring States Period, with the rise of the iron-making industry, iron agricultural tools replaced wood, stone and other materials, making a qualitative leap in agricultural productivity; After the middle of the Western Han Dynasty, wood-hearted and iron-bladed farm tools began to be replaced by all-iron farm tools. <>

In the Han Dynasty, the "Book of Han and Ten Goods" contained "three stone millet", which was equivalent to 281 catties of the current system, and the Han Dynasty's "Huainanzi Zhu Shuxun" contained rice stones, which was equivalent to 260 catties of the current system.

The thinker who used both ritual and law was Xunzi in the late Warring States period, because Xunzi deeply realized that if he wanted the country to be safe and secure, he must formulate the rule of law in the country.

On the one hand, he adhered to the Confucian concept of "etiquette", and on the other hand, he advocated the rule of law as an auxiliary to the rule of etiquette, and the use of etiquette and law.

This thinker is Lao Tzu, who is very much a believer in the education of the rule of law, and advocates the rule of law to enrich the rule of etiquette to govern the country.

This thinker is Xunzi, Xunzi is particularly knowledgeable, attaches great importance to etiquette, and believes that water can carry a boat, but also can overturn a boat.

The significance of the "dispute over rituals and laws" at the end of the Qing Dynasty:

Passed"Rite sect"with"Jurisprudence"Although neither side can completely lead the revision of the law by their own will, under the joint efforts of both sides, on the one hand, the new law has absorbed the bourgeois legal form, established a modern legal system, introduced bourgeois legal principles and systems, and deleted the backward and barbaric content of the old law"Legalism"；The Criminal and Civil Procedure Law advocates that fathers, grandchildren, and grandchildren should have different origins and different wealth, and that men and women are equal, which is denied"Patriarchy"、"Family"、"Uniforms"and adopted the lawyer system and the jury system. On the other hand, at the insistence of the Rite Sect, the extensive influence of Rite Religion in China was taken into account to the greatest extent possible in the revision of the Rite Sect, so that the Rite Religion could be reflected in the new Rite Sect, such as the five articles of the Provisional Statute attached to the law. As a result, Chinese law has taken an important step forward in the integration of China and the West.

Accompanied"Rite sect"with"Jurisprudence"Although the new laws were not implemented at the end of the Qing Dynasty, they had a great impact on the laws of the Nanjing Provisional Period, Beiyang Law and Nanjing National, some of which were the basis or blueprint for drafting the law, and some of which were directly followed.

Ritual controversy"Since then, China has been connected with the development of the world's laws, and has been able to absorb advanced legal theories and principles from the West in a timely manner on the basis of national conditions, so as to ensure and promote social development.

Ritual controversy"It has played a certain positive role in disseminating modern legal ideas and theories, and has an important impact on the building of the legal system in the future. "Ritual controversy"It is related to the drafting, endorsement, amendment, deliberation and voting of various departments of the law, including the Revision Law Museum, the Constitutional Compilation and Inspection Hall, the Ministry of Law, the Information Administration Yuan, and the first ministries. In order to refute each other, the two sides implemented their own propositions in the new law, carefully practiced the law, and wrote books and theories.

At the same time, the translation of foreign codes, the publication of Chinese codes, the establishment of law schools, the establishment of law societies, and the establishment of law and political research institutes have all flourished. Exactly, so to speak"Ritual controversy"The controversy and deduction of the law between the two sides have effectively promoted the popularization of the law and the popularization of legal awareness.

Historically, Chinese law has undergone two major transformations, that is, the transformation of the Hundred Schools of Thought from "rule of etiquette" to "rule of law" during the Spring and Autumn Period and the Warring States Period, and finally formed the dispute between the orthodoxy of Confucius and the etiquette law in the late Qing Dynasty, forming the Chinese legal system in the modern sense.

After nearly a century of historical process after the dispute between the rites and laws of the late Qing Dynasty, China went through a difficult process and became a member of the world's leading organization, which greatly affected China's legal system. Therefore, the improvement of China's laws under the conditions of WTO accession, that is, the impact and perfection of the WTO on the development of China's law in various aspects, can be regarded as another change in China's law.

Through the analysis and comparison of the two transformation processes, this paper finds that the reform and development of China's legal system can only serve the country's economic development by relying on its own positive dynamic efficiency and maximizing the localization of law.