王恽法律思想研究
发布时间：2018-09-13 09:33
【摘要】：元朝是由蒙古贵族建立的历史上疆域空前广阔的统一的封建王朝。在元初的经济恢复和生产发展过程中,涌现了许多为国献计献策、并颇有建树的儒臣,王恽,即为其中之一。研究王恽的法律思想,对于研究元代法律思想史大有裨益,对研究元初政治法律的具体施行状况亦有着重要的意义。 本文以《秋涧集》一百卷为基础,从诸多史料中认真寻绎有关王恽的法律思想。首先从元初的历史时局着眼,以当时的政治经济背景和思想理论基础为出发点,论述王恽生活的历史时代以及追溯其法律思想产生的历史渊源。接着从王恽本人的职守、思想的变化以及先祖、老师这些重要人物对他的影响来探讨王恽法律思想形成的深层次原因。其次从立法、经济法、司法监察三个方面揭示王恽法律思想的具体内容。其中,立法方面,王恽主张“立法定制为论治之始”,进而阐述其以“设科举以收人才”和“议保举以核名实”为代表的行政立法思想;经济法方面,文中以钞法和盐法为研究对象——王恽深入分析当时钞法之弊,同时提出切实可行的解决办法,盐法上则论述了其“以商贾为利、置局发卖”的基本盐法思想。行政监察方面,王恽提出了“纪纲振厉、则朝廷肃清”的监察思想,文章从重“台谏”、“法宜稍重、公行大道”和“整顿纪纲、申明大体”三个方面来具体阐述。最后总结全文,归纳王恽法律思想的核心,讨论了王恽法律思想核心对现代法治建设的借鉴和启示作用。论文还对王恽的法律思想进行了简要评价。笔者肯定了其法律思想在元初的积极影响,分析了其思想的局限性。
[Abstract]:The Yuan Dynasty was a unified feudal dynasty established by Mongolian aristocracy in history. In the process of economic recovery and production development in the early Yuan Dynasty, many Confucian ministers, Wang Yun, were one of them. The study of Wang Yun's legal thought is of great benefit to the study of the history of legal thought in Yuan Dynasty and also of great significance to the study of the specific implementation of political law in the early Yuan Dynasty. Based on the 100 volumes of Qiu Jian Ji, this paper tries to expound Wang Yun's legal thoughts from many historical materials. Starting from the historical situation in the early Yuan Dynasty and taking the political and economic background and ideological and theoretical basis of that time as the starting point, this paper discusses the historical era of Wang Yun's life and traces the historical origin of Wang Yun's legal thought. Then, from the perspective of Wang Yun's duty, the change of thought and the influence of the forefathers and teachers on Wang Yun's legal thought, the paper discusses the deep reasons for the formation of Wang Yun's legal thought. Secondly, it reveals the concrete content of Wang Yun's legal thought from three aspects: legislation, economic law and judicial supervision. In the aspect of legislation, Wang Yun advocates "customizing legislation as the beginning of treatment", and then expounds its administrative and legislative thought, which is represented by "setting up imperial examinations to attract talents" and "discussing and protecting acts with nuclear names and facts"; economic law, In this paper, Wang Yun deeply analyzes the disadvantages of the banknote law and salt law, and puts forward some practical solutions. In salt law, the author discusses his basic salt law thought of "using merchants as the advantage, setting the bureau for sale". In the aspect of administrative supervision, Wang Yun put forward the supervisory thought of "combing with the outline, eliminating the imperial court", the article elaborated concretely from three aspects: "remonstrating in Taiwan", "the law should be a little more important," and "rectifying the main road" and "rectifying the discipline, affirming roughly". Finally, the author summarizes the full text, summarizes the core of Wang Yun's legal thought, and discusses the reference and enlightenment of Wang Yun's legal thought to the construction of modern rule of law. The paper also gives a brief evaluation of Wang Yun's legal thought. The author affirms the positive influence of his legal thought in the early Yuan Dynasty and analyzes its limitation.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K247
本文编号：2240771
[Abstract]:The Yuan Dynasty was a unified feudal dynasty established by Mongolian aristocracy in history. In the process of economic recovery and production development in the early Yuan Dynasty, many Confucian ministers, Wang Yun, were one of them. The study of Wang Yun's legal thought is of great benefit to the study of the history of legal thought in Yuan Dynasty and also of great significance to the study of the specific implementation of political law in the early Yuan Dynasty. Based on the 100 volumes of Qiu Jian Ji, this paper tries to expound Wang Yun's legal thoughts from many historical materials. Starting from the historical situation in the early Yuan Dynasty and taking the political and economic background and ideological and theoretical basis of that time as the starting point, this paper discusses the historical era of Wang Yun's life and traces the historical origin of Wang Yun's legal thought. Then, from the perspective of Wang Yun's duty, the change of thought and the influence of the forefathers and teachers on Wang Yun's legal thought, the paper discusses the deep reasons for the formation of Wang Yun's legal thought. Secondly, it reveals the concrete content of Wang Yun's legal thought from three aspects: legislation, economic law and judicial supervision. In the aspect of legislation, Wang Yun advocates "customizing legislation as the beginning of treatment", and then expounds its administrative and legislative thought, which is represented by "setting up imperial examinations to attract talents" and "discussing and protecting acts with nuclear names and facts"; economic law, In this paper, Wang Yun deeply analyzes the disadvantages of the banknote law and salt law, and puts forward some practical solutions. In salt law, the author discusses his basic salt law thought of "using merchants as the advantage, setting the bureau for sale". In the aspect of administrative supervision, Wang Yun put forward the supervisory thought of "combing with the outline, eliminating the imperial court", the article elaborated concretely from three aspects: "remonstrating in Taiwan", "the law should be a little more important," and "rectifying the main road" and "rectifying the discipline, affirming roughly". Finally, the author summarizes the full text, summarizes the core of Wang Yun's legal thought, and discusses the reference and enlightenment of Wang Yun's legal thought to the construction of modern rule of law. The paper also gives a brief evaluation of Wang Yun's legal thought. The author affirms the positive influence of his legal thought in the early Yuan Dynasty and analyzes its limitation.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K247
【参考文献】
相关期刊论文 前2条
1 杨亮;;王恽家世背景及学术渊源考察[J];河南教育学院学报(哲学社会科学版);2006年03期
2 李治安;论元代的官吏贪赃[J];南开学报(哲学社会科学版);2004年05期
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