中国传统教令权研究
发布时间：2018-08-28 12:54
【摘要】：传统礼教是一个历久弥新的话题,既有较强的理论性,又与现实生活息息相关,传统礼教的研究也一直是法制史界的热点。但在众多关于礼教的研究中,对于中国传统教令权的探讨却鲜有涉及,而教令权与我们的生活具有较强的联系,尤其对当代的法治建设、德治建设、全民道德素养的提升具有重要的意义。因此,本文以中国传统教令权为视角,探讨传统教令权的发展历史、成因、主要内容及特点,并对其优劣进行评析,以期得到些许启示,能够对构建适应现代社会的新型教令权提出一些浅显的建议。 本文首先对中国传统教令权的概念进行界定,纠正人们对教令权认识方面的偏见。人们往往认为教令权仅仅是家长对子孙的权利,却忽略了教令权是权利和义务的结合,还具有更丰富的内容。第一部分主要论述中国传统教令权的制度沿革。原始社会末期至西周、春秋先秦时期,传统教令权伴随着家庭的形成而初露端倪、并伴随礼文化的产生而产生,汉唐时期,汉武帝采用董仲舒的建议“罢黜百家,独尊儒术”,汉宣帝又标榜“以孝治天下”,中国传统教令权得到了进一步的发展。唐朝作为我国封建制度高峰期的王朝,其政治、经济得到极大发展的同时,其文化、法制尤其是礼法结合也达到了封建时代的高峰,中国传统教令权也在这一时期臻于完备。唐后各朝修律多以唐律为蓝本,所以,宋元明清时期,关于教令权的法律规定并无大的变化,只是随着程朱理学的兴盛,尤其是在其取代汉唐儒学成为占统治地位的意识形态后,修律过程中所体现的礼教观念获得了前所未有的扩散和深化,致使传统教令权得到了强化。晚清时期中国的法律开始了近代化的转型,中与西、新与旧、传统与现代产生了激烈的碰撞,引发了中外闻名的“礼法之争”,论争的焦点最后集中在了“无夫奸”和“子孙违反教令”条的存废上,反映出了中国传统教令权的衰微及没落。第二部分主要论述中国传统教令权的主要内容和特点。第三部分是中国传统教令权的成因。在经济上,中国古代以农业为主,小农经济占主导地位,家庭是最基本的经济单位,这为教令权的滋生与发展提供了现实的土壤；在政治上,古代中国家国一体的政治结构为教令权提供了政治保障、奠定了社会基础；在文化方面,以礼为主并贯穿于整个中华文明史的儒家文化为教令权的形成提供了文化背景。第四部分是中国传统教令权的优劣评析。中国传统教令权本身是一个优劣并存的矛盾体,这一部分,以中国传统教令权的主要内容孝、惩戒权、送惩权和家教为重点,对中国传统教令权的可继承因素进行分析。并以中国传统教令权的主要内容孝、惩戒权和主婚权为重点,对中国传统教令权的可摒弃因素进行分析。第五部分是中国传统教令权的现代启示。现代社会在经济飞速发展的同时,产生了诸多关于家庭方面的问题,面对现代社会的困扰,我们急需构建适应现代社会的新型教令权,既要对传统教令权进行批判的继承,又需营造家庭内部和谐的伦理道德氛围,既要有外部的法律强制,又要有内心道德的自我约束。
[Abstract]:Traditional ethics is a new topic, which is not only theoretical but also closely related to real life. The study of traditional ethics has always been a hot topic in the field of legal history. It is of great significance to the construction of the rule of law, the rule of virtue and the promotion of the moral quality of the whole people. Therefore, this paper, from the perspective of the traditional Chinese clerical power, discusses the history, causes, main contents and characteristics of the development of the traditional clerical power, and makes an analysis of its advantages and disadvantages, in order to get some inspiration, and to build a new type of society suitable for modern society. Put forward some simple suggestions for the right of instruction.
This paper first defines the concept of Chinese traditional clerical right and rectifies people's prejudice on the understanding of it. People often think that it is only the right of parents to their children, but neglect that it is the combination of rights and obligations. It also has more abundant content. The first part mainly discusses the system of Chinese traditional clerical right. From the end of the primitive society to the Western Zhou Dynasty, during the Spring and Autumn Period and the Pre-Qin Period, the traditional clerical power emerged with the formation of the family and the emergence of the ritual culture. In the Han and Tang Dynasties, Emperor Wu of Han Dynasty adopted Dong Zhongshu's suggestion to "depose a hundred schools of thought and respect Confucianism alone". Emperor Xuandi of Han Dynasty declared that "rule the world with filial piety", and the Chinese The Tang Dynasty, as a dynasty at the height of the feudal system in China, had a great development in politics and economy. At the same time, its culture, legal system, especially the combination of etiquette and law, reached the peak of the feudal era. The traditional Chinese clergy was also perfected in this period. There was no great change in the legal provisions of the power of clergy, but with the flourishing of Neo-Confucianism, especially after it replaced Confucianism in the Han and Tang Dynasties as the dominant ideology, the ethical ideas embodied in the process of law revision had been unprecedented spread and deepened, resulting in the strengthening of the traditional power of clergy. At the beginning of the transformation of modernization, the collision between China and the West, the old and the new, the tradition and the modern has been fierce, which has triggered the famous "debate of propriety and law" both at home and abroad. The focus of the debate has finally focused on the existence or abolition of "no husband traitor" and "children violating the decree", reflecting the decline and decline of Chinese traditional decree power. The third part is the cause of formation of the Chinese traditional missionary power. In economy, ancient China was dominated by agriculture, the small-scale peasant economy was dominant, and the family was the most basic economic unit, which provided realistic soil for the birth and development of the missionary power. The structure provides political guarantee and social foundation for the right to teach; in culture, the Confucian culture, which is mainly ritual and runs through the history of Chinese civilization, provides cultural background for the formation of the right to teach. Part one, focusing on filial piety, the right of punishment, the right of sending punishment and the right of family education, analyzes the inheritable factors of Chinese traditional missionary power, and focusing on filial piety, the right of punishment and the right of marriage, analyzes the discardable factors of Chinese traditional missionary power. The Modern Enlightenment of the traditional missionary right. While the modern society is developing rapidly, many problems concerning the family have arisen. Facing the puzzlement of the modern society, we need to construct a new kind of missionary right which suits the modern society urgently. Both external legal coercion and internal moral self-restraint are required.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929
本文编号：2209457
[Abstract]:Traditional ethics is a new topic, which is not only theoretical but also closely related to real life. The study of traditional ethics has always been a hot topic in the field of legal history. It is of great significance to the construction of the rule of law, the rule of virtue and the promotion of the moral quality of the whole people. Therefore, this paper, from the perspective of the traditional Chinese clerical power, discusses the history, causes, main contents and characteristics of the development of the traditional clerical power, and makes an analysis of its advantages and disadvantages, in order to get some inspiration, and to build a new type of society suitable for modern society. Put forward some simple suggestions for the right of instruction.
This paper first defines the concept of Chinese traditional clerical right and rectifies people's prejudice on the understanding of it. People often think that it is only the right of parents to their children, but neglect that it is the combination of rights and obligations. It also has more abundant content. The first part mainly discusses the system of Chinese traditional clerical right. From the end of the primitive society to the Western Zhou Dynasty, during the Spring and Autumn Period and the Pre-Qin Period, the traditional clerical power emerged with the formation of the family and the emergence of the ritual culture. In the Han and Tang Dynasties, Emperor Wu of Han Dynasty adopted Dong Zhongshu's suggestion to "depose a hundred schools of thought and respect Confucianism alone". Emperor Xuandi of Han Dynasty declared that "rule the world with filial piety", and the Chinese The Tang Dynasty, as a dynasty at the height of the feudal system in China, had a great development in politics and economy. At the same time, its culture, legal system, especially the combination of etiquette and law, reached the peak of the feudal era. The traditional Chinese clergy was also perfected in this period. There was no great change in the legal provisions of the power of clergy, but with the flourishing of Neo-Confucianism, especially after it replaced Confucianism in the Han and Tang Dynasties as the dominant ideology, the ethical ideas embodied in the process of law revision had been unprecedented spread and deepened, resulting in the strengthening of the traditional power of clergy. At the beginning of the transformation of modernization, the collision between China and the West, the old and the new, the tradition and the modern has been fierce, which has triggered the famous "debate of propriety and law" both at home and abroad. The focus of the debate has finally focused on the existence or abolition of "no husband traitor" and "children violating the decree", reflecting the decline and decline of Chinese traditional decree power. The third part is the cause of formation of the Chinese traditional missionary power. In economy, ancient China was dominated by agriculture, the small-scale peasant economy was dominant, and the family was the most basic economic unit, which provided realistic soil for the birth and development of the missionary power. The structure provides political guarantee and social foundation for the right to teach; in culture, the Confucian culture, which is mainly ritual and runs through the history of Chinese civilization, provides cultural background for the formation of the right to teach. Part one, focusing on filial piety, the right of punishment, the right of sending punishment and the right of family education, analyzes the inheritable factors of Chinese traditional missionary power, and focusing on filial piety, the right of punishment and the right of marriage, analyzes the discardable factors of Chinese traditional missionary power. The Modern Enlightenment of the traditional missionary right. While the modern society is developing rapidly, many problems concerning the family have arisen. Facing the puzzlement of the modern society, we need to construct a new kind of missionary right which suits the modern society urgently. Both external legal coercion and internal moral self-restraint are required.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929
【参考文献】
相关期刊论文 前2条
1 李祖扬;现代文明与孝伦理[J];道德与文明;2001年06期
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，本文编号：2209457
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