曾国藩法律思想研究
发布时间：2018-10-05 20:47
【摘要】：曾国藩是个颇受争议的人物,后人对他的评价也是褒贬不一,有人誉其为“中兴名臣”;有人贬其为“卖国贼”;但蒋介石、毛泽东等人对于曾国藩这个人物颇为赞赏。因此,我们需要把曾国藩放在当时的历史条件下进行考察,阅读其著作中可以看得出来其各个方面的学术思想丰富,其中也有许多的优秀的思想值得进行我们借鉴,也有糟粕的思想让我们进行思考。 曾国藩所生活的时代正是清内外交困、国弱民贫、政权危机四伏的年代,面对这种社会情况当时许多的学者为此形成了经世治用的思想,曾国藩也是如此,并成为经世治用派读书人的代表。曾国藩法律思想是其经世致用思想的重要组成部分。 他认为运用法来治理国家是保证礼治的需要,主张礼法结合。曾国藩在“一秉于礼”的前提条件下,提出用“严刑峻法”的办法来达到以法治吏,以法治讼,以法治民的目的,通过这种礼法结合、以法治为主的方法从而可以实现仁治,天下这样才会出现“仁政”。 曾国藩的思想中涉及法律方面的内容比较广泛,在任真隶总督期间他针对于累讼和积讼过多的现象,制订《直隶清讼事宜十条》、《直隶清讼限期功过章程》;在攻陷南京后,他力降银价,安排财政;减征商业税,奏停厘金;成立善后局处理善后事宜,公布了《金陵房产告示》保护私有房产等措施以尽快恢复南京的经济;在任两江总都期间,采取措施查处私盐恢复淮盐引地,并对两淮的盐业进行了整顿,治理私盐,以增加清的盐课的收入;他办团练、创建湘军,通过改革当时的军事体制使湘军成为与太平天国作战的主力军,使湘军成为爱民为本、忠君爱国的仁义之军,通过以训治军、以练强军,最终取得了与太平军作战的胜利;在清末弱国无外交的情形下,他从购买洋枪、洋炮开始,创办了安庆军械所,成立翻译馆到选派留学生出国,从创办军事企业开始到全面学习西方的先进技术创办民族工业,其也成为创办洋务运动的先驱者。 纵观曾国藩的一生,他始终维护清工朝封建专制统治作为其根本的出发点,这与他出身于封建小地主阶级,受到当时的社会背景条件的限制,他的一生践行经世致用,从社会现实出发,解决一些社会面临的实际问题。本文旨在置身于当时的历史条件下,考查其法律思想的内容以此了解真实的曾国藩,对他有一个公正客观的评价。
[Abstract]:Zeng Guofan is a controversial figure, and his comments are mixed, with some people calling him "a famous official in ZTE" and "a traitor". However, Jiang Jieshi, Mao Zedong and others are quite appreciative of him. Therefore, we need to examine Zeng Guofan under the historical conditions of that time, and reading his works can see that his academic thoughts in various aspects are rich, and there are also many excellent ideas worth our reference. There are also dregs of thought that let us think. Zeng Guofan lived in an era in which the Qing Dynasty had difficulties in internal and diplomatic affairs, the country was weak and the people were poor, and the regime was in crisis. Faced with this social situation, many scholars at that time formed the idea of managing the world and governing the world, and so did Zeng Guofan. And become the representative of the scholars of the School of Scholars. Zeng Guofan's legal thought is an important part of his practical thought. He believed that the use of law to govern the country is the need to ensure the rule of etiquette, advocating the combination of etiquette and law. Zeng Guofan put forward the method of "severe punishment and strict law" to achieve the goal of "ruling by law", litigation by rule of law, and the purpose of "ruling by law". Through this kind of combination of etiquette and law, the rule of law can be realized mainly by the method of "ruling by law". Only in this way will there be "benevolent government" in the world. Zeng Guofan's thought involves a wide range of legal aspects. During his term as Governor of Zhenli, he formulated the "Ten articles on the Qing Dynasty in Zhili Province" and the "articles of Merit and Merit of the Qing Dynasty of Zhili Province" against the phenomenon of excessive litigation and accumulation during the term of the Governor of Zhenli; after the capture of Nanjing, He worked hard to lower the silver price, arrange for finance, reduce the commercial tax, stop the stone, set up a bureau to deal with the aftermath, and published the "Jinling property notice" to protect the private property so as to restore Nanjing's economy as soon as possible. During his term as the president of the two Rivers, He took measures to investigate and punish the private salt and restore the Huai salt land, and rectified the salt industry in the Lianghuai River to control the private salt in order to increase the income of the salt lessons of the Qing Dynasty, and he set up a regiment to train and establish the Xiang Army. By reforming the military system at that time, the Hunan army became the main force in the battle against the Taiping Heavenly Kingdom, and the Xiang Army became the benevolent and righteous army that loved the people and devoted the emperor to the country. Through training and administering the army and training and strengthening the army, the Xiang Army finally won the battle with the Taiping Army. In the absence of diplomacy in the weak countries in the late Qing Dynasty, he started by buying foreign guns and guns, establishing the Anqing Ordnance Institute, setting up translation houses, sending overseas students abroad, starting from the establishment of military enterprises to the comprehensive study of advanced Western technology and establishing national industries. It also became the pioneer of the Westernization Movement. Throughout Zeng Guofan's life, he always maintained the feudal autocratic rule of the Qing Dynasty as its fundamental starting point, which was related to his birth in the feudal small landlord class and limited by the social background conditions at that time. Proceed from the social reality, solve the practical problem that some society faces. The purpose of this paper is to study the content of his legal thoughts in order to understand the true Zeng Guofan and to have a fair and objective evaluation of him under the historical conditions at that time.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K252
本文编号：2254821
[Abstract]:Zeng Guofan is a controversial figure, and his comments are mixed, with some people calling him "a famous official in ZTE" and "a traitor". However, Jiang Jieshi, Mao Zedong and others are quite appreciative of him. Therefore, we need to examine Zeng Guofan under the historical conditions of that time, and reading his works can see that his academic thoughts in various aspects are rich, and there are also many excellent ideas worth our reference. There are also dregs of thought that let us think. Zeng Guofan lived in an era in which the Qing Dynasty had difficulties in internal and diplomatic affairs, the country was weak and the people were poor, and the regime was in crisis. Faced with this social situation, many scholars at that time formed the idea of managing the world and governing the world, and so did Zeng Guofan. And become the representative of the scholars of the School of Scholars. Zeng Guofan's legal thought is an important part of his practical thought. He believed that the use of law to govern the country is the need to ensure the rule of etiquette, advocating the combination of etiquette and law. Zeng Guofan put forward the method of "severe punishment and strict law" to achieve the goal of "ruling by law", litigation by rule of law, and the purpose of "ruling by law". Through this kind of combination of etiquette and law, the rule of law can be realized mainly by the method of "ruling by law". Only in this way will there be "benevolent government" in the world. Zeng Guofan's thought involves a wide range of legal aspects. During his term as Governor of Zhenli, he formulated the "Ten articles on the Qing Dynasty in Zhili Province" and the "articles of Merit and Merit of the Qing Dynasty of Zhili Province" against the phenomenon of excessive litigation and accumulation during the term of the Governor of Zhenli; after the capture of Nanjing, He worked hard to lower the silver price, arrange for finance, reduce the commercial tax, stop the stone, set up a bureau to deal with the aftermath, and published the "Jinling property notice" to protect the private property so as to restore Nanjing's economy as soon as possible. During his term as the president of the two Rivers, He took measures to investigate and punish the private salt and restore the Huai salt land, and rectified the salt industry in the Lianghuai River to control the private salt in order to increase the income of the salt lessons of the Qing Dynasty, and he set up a regiment to train and establish the Xiang Army. By reforming the military system at that time, the Hunan army became the main force in the battle against the Taiping Heavenly Kingdom, and the Xiang Army became the benevolent and righteous army that loved the people and devoted the emperor to the country. Through training and administering the army and training and strengthening the army, the Xiang Army finally won the battle with the Taiping Army. In the absence of diplomacy in the weak countries in the late Qing Dynasty, he started by buying foreign guns and guns, establishing the Anqing Ordnance Institute, setting up translation houses, sending overseas students abroad, starting from the establishment of military enterprises to the comprehensive study of advanced Western technology and establishing national industries. It also became the pioneer of the Westernization Movement. Throughout Zeng Guofan's life, he always maintained the feudal autocratic rule of the Qing Dynasty as its fundamental starting point, which was related to his birth in the feudal small landlord class and limited by the social background conditions at that time. Proceed from the social reality, solve the practical problem that some society faces. The purpose of this paper is to study the content of his legal thoughts in order to understand the true Zeng Guofan and to have a fair and objective evaluation of him under the historical conditions at that time.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K252
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