魏源的法律思想
发布时间：2018-08-19 19:37
【摘要】： 魏源(1794—1857)原名远达,字默深,湖南邵阳县金潭(今属隆回县金潭乡)人。是中国近代史上介绍西方的政治法律制度的先驱者之一,是鸦片战争后地主阶级改革派的杰出代表。 魏源在政治、军事、经济、外交等方面都形成了比较全面的法律思想体系。魏源法律思想的形成,受到了封建社会法律思想的影响。近代“内忧外患”的时局,也促使魏源在政治、军事、经济、外交等方面为维护清政府统治在法律方面寻找理论基础。他长期在要职官员的幕府中工作,故更加注意治民、治吏、治军、对外交涉。他的思想倾向变法是其法律思想形成的又一重要来源。政治上,他反对外国资本主义侵略,提出“师夷长技”的主张,主张慎选官吏,严惩贪滑,整顿吏治;军事上,他既主张严法对军队进行管束,又顺应军队近代化的历史发展趋势,在军队操练、营队管理、选将取士方面学习西法,建设近代军队;他努力探索解决在维护社会的安定,怎么治理民众上的问题。他主张用“安猛得宜”的方式来管理社会,强化威慑民众的权威力量,严刑镇压破坏封建统治秩序者,同时还希望用施以法外之仁、安抚民生等方式来缓解统治危机,进而促进整个国家的繁荣昌盛;经济上,魏源主张富民,也参与对漕运、盐政、水利各项事关国计民生大事的管理模式的改革,中外经济往来更是注意依法维护自身权益;外交上,魏源已经开始研究西方律例,提出禁止鸦片与开展正当的对外贸易,他希望借助国际法来解决国与国之间的争端,初步萌生了近代外交观念。他反对中外不平等条约,也反对国内统治者麻木愚蠢的外交行为;同时魏源还具有明确的国际法意识,这可以说是对近代外交关系较早的朦胧觉悟。 魏源的法律思想属于近代地主阶级改革派法律思想的历史范畴。他前期法律思想具有强烈的维护封建统治的倾向,但就其整个法律思想的观点来言,在当时确实是向封建末世君主专制王权的挑战,他倡导言论自由的主张,已经初步显示出当时知识分子对民主的朦胧需求,显示出中国早期民主思想的特色,也是魏源对西方政治制度认可的思想基础。魏源的法律思想对晚清政局、中国近代化进程、中国外交都有很深刻的影响。
[Abstract]:Wei Yuan (1794-1857) was born in Jintan, Shaoyang County, Hunan Province (now belongs to Jintan Township, Longhui County). He was one of the pioneers in introducing the western political and legal system in modern history of China and an outstanding representative of the landlord class reformers after the Opium War.
Wei Yuan formed a relatively comprehensive legal system in politics, military affairs, economy and diplomacy. The formation of Wei Yuan's legal thought was influenced by the legal thought of feudal society. On the basis of his long-term work in the shogunate of high-ranking officials, he paid more attention to governing the people, officials, the army and foreign relations. He advocated not only strict control over the army, but also conformed to the historical trend of the modernization of the army. He studied western law in military drilling, battalion management, and selection of officers and men to build a modern army. At the same time, he hoped to alleviate the ruling crisis and promote the prosperity of the whole country by means of extrajudicial benevolence and appeasing the people's livelihood; economically, Wei Yuan advocated enriching the people and also participated in the management of water transport, salt policy and water conservancy, which are related to the national economy and people's livelihood. Diplomatically, Wei Yuan has begun to study western laws and regulations, and proposed to prohibit opium and develop legitimate foreign trade. He hoped to solve disputes between countries by means of international law, which initially gave birth to modern diplomatic concepts. He opposed unequal treaties between China and foreign countries, but also opposed them. At the same time, Wei Yuan also had a clear awareness of international law, which can be said to be the early vague awareness of modern diplomatic relations.
Wei Yuan's legal thoughts belong to the historical category of the legal thoughts of the reformists of the landlord class in modern times. His early legal thoughts had a strong tendency to safeguard the feudal rule, but from the point of view of his whole legal thoughts, it was indeed a challenge to the autocratic monarchy of the late feudal era. His advocacy of freedom of speech had been preliminarily demonstrated. The vague demand of intellectuals for democracy at that time showed the characteristics of early Chinese democratic thought and the ideological basis of Wei Yuan's recognition of Western political system.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.2
本文编号：2192629
[Abstract]:Wei Yuan (1794-1857) was born in Jintan, Shaoyang County, Hunan Province (now belongs to Jintan Township, Longhui County). He was one of the pioneers in introducing the western political and legal system in modern history of China and an outstanding representative of the landlord class reformers after the Opium War.
Wei Yuan formed a relatively comprehensive legal system in politics, military affairs, economy and diplomacy. The formation of Wei Yuan's legal thought was influenced by the legal thought of feudal society. On the basis of his long-term work in the shogunate of high-ranking officials, he paid more attention to governing the people, officials, the army and foreign relations. He advocated not only strict control over the army, but also conformed to the historical trend of the modernization of the army. He studied western law in military drilling, battalion management, and selection of officers and men to build a modern army. At the same time, he hoped to alleviate the ruling crisis and promote the prosperity of the whole country by means of extrajudicial benevolence and appeasing the people's livelihood; economically, Wei Yuan advocated enriching the people and also participated in the management of water transport, salt policy and water conservancy, which are related to the national economy and people's livelihood. Diplomatically, Wei Yuan has begun to study western laws and regulations, and proposed to prohibit opium and develop legitimate foreign trade. He hoped to solve disputes between countries by means of international law, which initially gave birth to modern diplomatic concepts. He opposed unequal treaties between China and foreign countries, but also opposed them. At the same time, Wei Yuan also had a clear awareness of international law, which can be said to be the early vague awareness of modern diplomatic relations.
Wei Yuan's legal thoughts belong to the historical category of the legal thoughts of the reformists of the landlord class in modern times. His early legal thoughts had a strong tendency to safeguard the feudal rule, but from the point of view of his whole legal thoughts, it was indeed a challenge to the autocratic monarchy of the late feudal era. His advocacy of freedom of speech had been preliminarily demonstrated. The vague demand of intellectuals for democracy at that time showed the characteristics of early Chinese democratic thought and the ideological basis of Wei Yuan's recognition of Western political system.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D909.2
【引证文献】
相关硕士学位论文 前1条
1 李志威;魏源宗教思想研究[D];河北师范大学;2012年
，本文编号：2192629
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2192629.html
