论董仲舒法律思想的历史地位
发布时间：2018-11-16 12:05
【摘要】： 董仲舒顺应时代潮流,对先秦儒家法律思想进行了理论概括,并有效吸收了儒学之外的其他法律思想,形成了他的以“天人感应”为理论基础,以维护“三纲五常”为核心,以“德主刑辅”为治国方法,以实现王权大一统为宗旨的新儒学法律思想。他的法律思想的形成标志着中国封建正统法律思想的确立。 董仲舒以阴阳五行为框架的天道观对封建正统法律思想的主要内容诸如“大一统”、“三纲五常”、“德主刑辅”等都作了系统论证,使其变得天经地义、神圣不可违反。董仲舒为中国封建社会设计的正统法律思想,由于适应了以小农经济为基础的伦理型的中国古代封建社会状况,统治了中国2000多年。在其形成及其后很长一段历史时期,对社会的发展起了促进作用,中国封建社会达到了其鼎盛时期盛唐。但随着商品经济的发展,资本主义生产关系的萌芽,这种法律思想越来越成为社会发展的桎梏,阻碍了中国社会的近代化,致使中国在近代落后挨打,饱受帝国主义的欺凌。中国在古代封建社会的盛与在近代社会的衰和董仲舒设计的封建正统法律思想不无关系。 我们已确立了建设社会主义法治社会的目标,法治的首要条件就是有良法可依可守,良法的制定必须以正确而先进的法律思想为指导。今天,我们研究董仲舒的法律思想,评价其历史地位具有重大的现实意义,有利于我们确立、选择适应时代要求的法律思想,从而推进我国法治社会建设的历史进程。
[Abstract]:In keeping with the trend of the times, Dong Zhongshu made a theoretical summary of the legal thoughts of the pre-Qin Confucianists, and effectively absorbed other legal thoughts other than Confucianism, which formed his theoretical basis of "the induction of Heaven and Man" and the maintenance of "three Compendium, five Chang" as the core. The Neo-Confucianism legal thought, which regards "morality as the chief punishment auxiliary" as the governing method and the realization of Wang Quan's unification as the purpose. The formation of his legal thought marks the establishment of Chinese feudal orthodox legal thought. Dong Zhongshu made a systematic argument on the main contents of feudal orthodox legal thought such as "unification", "three programmatic principles", "morality dominating punishment and auxiliary punishment" and so on, which made it natural and unbreakable. Dong Zhongshu's orthodox legal thought designed for China's feudal society, because of adapting to the ethical situation of ancient Chinese feudal society based on small-scale peasant economy, ruled China for more than 2000 years. During its formation and a long period of history, it promoted the development of the society, and the feudal society of China reached its heyday in the Tang Dynasty. However, with the development of commodity economy and the germination of capitalist relations of production, this kind of legal thought has become the shackles of social development and hindered the modernization of Chinese society, which resulted in China being beaten backward in modern times and bullied by imperialism. The prosperity of China in ancient feudal society is related to the decline of modern society and the feudal orthodox legal thought designed by Dong Zhongshu. We have established the goal of building a socialist society ruled by law, and the first condition of the rule of law is to have good laws to abide by, and the formulation of good laws must be guided by correct and advanced legal ideas. Today, it is of great practical significance for us to study Dong Zhongshu's legal thought and evaluate its historical status, which is helpful for us to establish and choose the legal thought to adapt to the requirements of the times, thus to promote the historical process of the construction of our country's society ruled by law.
【学位授予单位】：贵州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D909.2
本文编号：2335474
[Abstract]:In keeping with the trend of the times, Dong Zhongshu made a theoretical summary of the legal thoughts of the pre-Qin Confucianists, and effectively absorbed other legal thoughts other than Confucianism, which formed his theoretical basis of "the induction of Heaven and Man" and the maintenance of "three Compendium, five Chang" as the core. The Neo-Confucianism legal thought, which regards "morality as the chief punishment auxiliary" as the governing method and the realization of Wang Quan's unification as the purpose. The formation of his legal thought marks the establishment of Chinese feudal orthodox legal thought. Dong Zhongshu made a systematic argument on the main contents of feudal orthodox legal thought such as "unification", "three programmatic principles", "morality dominating punishment and auxiliary punishment" and so on, which made it natural and unbreakable. Dong Zhongshu's orthodox legal thought designed for China's feudal society, because of adapting to the ethical situation of ancient Chinese feudal society based on small-scale peasant economy, ruled China for more than 2000 years. During its formation and a long period of history, it promoted the development of the society, and the feudal society of China reached its heyday in the Tang Dynasty. However, with the development of commodity economy and the germination of capitalist relations of production, this kind of legal thought has become the shackles of social development and hindered the modernization of Chinese society, which resulted in China being beaten backward in modern times and bullied by imperialism. The prosperity of China in ancient feudal society is related to the decline of modern society and the feudal orthodox legal thought designed by Dong Zhongshu. We have established the goal of building a socialist society ruled by law, and the first condition of the rule of law is to have good laws to abide by, and the formulation of good laws must be guided by correct and advanced legal ideas. Today, it is of great practical significance for us to study Dong Zhongshu's legal thought and evaluate its historical status, which is helpful for us to establish and choose the legal thought to adapt to the requirements of the times, thus to promote the historical process of the construction of our country's society ruled by law.
【学位授予单位】：贵州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D909.2
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