刍议清初陈鹏年的法律思想

发布时间：2018-04-14 22:37

本文选题：清官 + 陈鹏年　；参考：《湘潭大学》2011年硕士论文

【摘要】：清朝前期,统治者凭借强大的军事力量,消灭、平定了各地的抗清势力和叛乱势力,实现了全国的统一。同时,采取了一系列措施,加强了中央集权,使社会经济得到恢复和发展。到康熙年间,清王朝的统治已经出现了稳定的局面。为了强化封建专制,维护封建统治秩序,清朝统治者一方面大兴文字狱,对具有反清意识的汉族知识分子实行严酷的高压。另一方面,承认儒学的正统地位,大力倡导理学,以加强思想上的统治。同时,通过科举取士,开设“博学鸿词科”,借以笼络士人,使之为其所用。凡此种种,都对清代前期的社会产生了深刻的影响,也涌现出了一批具有远见卓识的杰出人物。陈鹏年就是其中的代表之一,说其杰出并不是因为其做过多大的官职,做出了多少轰轰烈烈的贡献,而是因为其廉直能干、因为其懂得坚持。陈鹏年,清初康熙朝贤臣,廉洁爱民,以清正闻名,有“江南第一清官”之称,是当时社会少有的不谄媚、亦不贪污的官吏之一。他一生为官始终坚持廉洁勤政,关注民生,体察民情,在志节、文章、水利及河务改革方面都成绩卓著,深受康熙、雍正两朝皇帝的信任和欣赏,因而在当时影响很大。“康乾盛世”时期,经济繁荣,社会趋于稳定,但始终改变不了封建社会的专制属性,脱离不了封建法制的束缚,百姓苛捐杂税依然沉重,贪污官吏、官官相护等社会现象仍较突出,阶级矛盾尖锐。作为清初具有代表性的实干家,陈鹏年在宦海沉浮中形成了自己的法律思想,对当时社会具有积极的意义。第一,本文将从陈鹏年的生平,包括其家庭背景和个人经历方面入手,追溯其生活轨迹,并分析当时社会政治、经济、文化以及具有特色的湖南理学对他法制思想形成产生的影响。第二,着重探讨陈鹏年法律思想在司法理念、慎刑思想与法律教育思想等方面的表现,这些思想富于实践性和针对性,在客观上产生了有利于人民群众的进步意义。第三,综合以上分析,总结出陈鹏年法律思想的特点,并对其产生的社会价值和影响做进一步的综合评价。
[Abstract]:In the early Qing Dynasty, the rulers, by virtue of the powerful military force, eliminated, calmed down the anti-Qing forces and the rebel forces, and realized the unification of the whole country.At the same time, a series of measures have been taken to strengthen the centralization of power, so that social and economic recovery and development.By the time of Kangxi, the reign of Qing Dynasty had been stable.In order to strengthen the feudal autocracy and maintain the feudal ruling order, on the one hand, the rulers of the Qing Dynasty carried out harsh pressure on the Han intellectuals with anti-Qing consciousness.On the other hand, recognizing the orthodox position of Confucianism and advocating Neo-Confucianism to strengthen ideological rule.At the same time, through the imperial examination to take scholars, set up "Boxue Hongci Section", in order to win over the scholars, so that it is used.All of these had a profound influence on the society in the early Qing Dynasty, and a group of visionary and outstanding people emerged.Chen Peng is one of the representatives, said that its outstanding is not because of its too much official position, how much great contribution, but because its honest and able, because it knows how to adhere.Chen Peng, Emperor of Kangxi Dynasty in the early Qing Dynasty, was famous for his cleanliness and honesty, known as "the first clean official in the south of the Yangtze River", which was one of the few officials who did not flatter or corrupt the society at that time.In his life as an official, he always adhered to honest and diligent government, concerned about the people's livelihood, observed the people's feelings, and made outstanding achievements in the history festival, articles, water conservancy and river affairs reform. He was deeply trusted and appreciated by the emperors of Kangxi and Yongzheng dynasties, so he had a great influence at that time.During the prosperous period of Kang and Qian, the economy was prosperous and the society tended to be stable, but it could not change the autocratic character of the feudal society and break away from the shackles of the feudal legal system. The imposition of taxes and taxes on the common people was still heavy, and officials were embezzled.Official care and other social phenomena are still prominent, class contradictions sharp.As a representative doer in the early Qing Dynasty, Chen Peng formed his own legal thought in the ups and downs of the official sea, which was of positive significance to the society at that time.First, this article will start with Chen Peng's life story, including his family background and personal experience, trace his life track, and analyze the social politics and economy of that time.The influence of culture and Hunan Neo-Confucianism on the formation of his legal thought.Secondly, this paper focuses on the performance of Chen Peng's legal thoughts in the aspects of judicial idea, careful punishment thought and legal education thought, which are full of practicality and pertinence, and have objectively produced progressive significance in favor of the masses of the people.Third, synthesizing the above analysis, summed up the characteristics of Chen Peng's legal thought, and made a further comprehensive evaluation of its social value and influence.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909.2

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