汉代礼法结合综治模式的确立及其影响
发布时间：2019-01-04 11:14
【摘要】： 自中国封建中央集权的君主专制确立以后,由汉代创设的礼法结合综治模式逐渐成为封建社会治国的主流模式。所谓礼法结合,就是把中华民族伦理道德与法律制度相结合,实行“德主刑辅,礼法并用”的治世方式。礼法结合综合为治的治国模式的内容非常丰富和深刻,礼侧重于预防犯罪,法侧重于惩罚犯罪,它以人情为核心,以道德为基础,重宗法伦理,礼乐政刑综合为治。本文以汉代为主体,从法律制度层面研究了礼法结合综治模式的形成过程、基本内涵、治世实践、主要特色、历史影响及现实意义。 本文导论认为,这种重教化综合为治的治国模式,集中体现了中华民族的精神和智慧,充分展示了独树一帜中华法系的特点;它区别于其它国家宗教与法律相结合的治国模式,是中国原创型的治国模式,是中华民族对人类文明的重要贡献。 第一章主要论述了西周礼治模式的探索与实践。早在公元前1000多年,西周统治者提出了“以德配天”和“明德慎罚”的治国思想,开始了礼治模式的探索,这是第一次治国模式的选择,是对历史悠久的古老习俗礼仪的创造性转化,取得了部分经验和成果。 第二章主要论述了战国秦朝进行的法治模式的探索与实践。法治模式的确立是第二次治围模式的选择,足对礼治模式的否定。秦依靠法治模式富国强兵,建立了统一的封建帝国,体现了法治模式“以法治世”的优势。但由于采用重刑主义的方针与措施来推动封建法治,最终导致秦朝二世而亡和法治模式的失败。 第三章主要论述了汉代礼法结合综治模式确立的过程,是论文的重点内容。汉初,黄老学说发挥了重要作用,但因时代变化与该学说的消极性而逐渐退出历史舞台。于是,时代呼唤融合各家之长的“守成之学”的问世。至西汉,经儒学大师董仲舒提倡,统治者在吸取历史经验教训的基础上,“罢黜百家,独尊儒术”,摸索并最终确立了新儒学礼法结合综治模式,完成了中国历史上第三次治国模式的选择,是对秦朝任法弃礼的重刑主义统治方式的否定,这种否定之否定是合乎历史辩证法的。汉代新儒学礼法结合综治模式的确立,大大促进了大一统封建国家的巩固和发展,成为当时世界上最强盛的国家之一,并遗泽后世许多朝代。由
[Abstract]:Since the establishment of the autocratic monarchy of feudal centralization in China, the rule of propriety and law combined with comprehensive governance established by the Han Dynasty has gradually become the mainstream mode of governing the country in feudal society. The so-called combination of etiquette and law is the combination of Chinese ethics and legal system, and the practice of "morality dominates punishment, and etiquette and law are used together" to govern the world. The content of the rule of law model is very rich and profound, which focuses on the prevention of crime and the punishment of crime. It is based on human feelings, morality, patriarchal ethics, and the comprehensive treatment of etiquette, music, politics and punishment. Taking the Han Dynasty as the main body, this paper studies the formation process, basic connotation, practice, main characteristics, historical influence and practical significance of the pattern of combining etiquette and law with comprehensive governance from the legal system level. The introduction to this paper holds that this mode of governing the country by emphasizing education and synthetically governing embodies the spirit and wisdom of the Chinese nation and fully demonstrates the characteristics of the unique Chinese legal system. It is different from other countries in the combination of religion and law. It is the Chinese original mode of governing the country and the important contribution of the Chinese nation to human civilization. The first chapter mainly discusses the exploration and practice of the Western Zhou Dynasty. As early as more than 1000 BC, the rulers of the Western Zhou Dynasty put forward the thoughts of "matching Heaven with Virtue" and "being careful to punish", and began the exploration of the pattern of rule by etiquette, which was the first choice of the mode of governing the country. It is a creative transformation of ancient custom and etiquette with a long history, and some experiences and achievements have been obtained. The second chapter mainly discusses the exploration and practice of the rule of law in the warring States and Qin dynasties. The establishment of the rule of law model is the choice of the second governance pattern, which negates the rule of etiquette model. Relying on the rule of law model, Qin established a unified feudal empire, which embodied the advantage of the rule of law model. However, the adoption of the policy and measures of severe punishment to promote the feudal rule of law led to the death of the second Qin Dynasty and the failure of the mode of rule of law. The third chapter mainly discusses the process of establishing the model of the combination of etiquette and law in the Han Dynasty, which is the key content of the thesis. In the early Han Dynasty, the theory of Huang Lao played an important role, but gradually withdrew from the historical stage because of the change of the times and the negativity of the theory. As a result, the times call for the emergence of the long school of conservation. By the Western Han Dynasty, the Confucian master Dong Zhongshu advocated that the ruler, on the basis of drawing lessons from the history, "ousted 100 schools and respected Confucianism alone", explored and finally established the model of neo-Confucianism, etiquette and law combined with comprehensive governance. The third choice of governing mode in the history of China is the negation of the ruling mode of the severe punishment of the Qin Dynasty. The negation of the negation is in accordance with the dialectics of history. The establishment of Neo-Confucianism, etiquette and law combined with comprehensive governance in the Han Dynasty greatly promoted the consolidation and development of a unified feudal country, and became one of the most powerful countries in the world at that time. By
【学位授予单位】：中国政法大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：D929;K234
本文编号：2400212
[Abstract]:Since the establishment of the autocratic monarchy of feudal centralization in China, the rule of propriety and law combined with comprehensive governance established by the Han Dynasty has gradually become the mainstream mode of governing the country in feudal society. The so-called combination of etiquette and law is the combination of Chinese ethics and legal system, and the practice of "morality dominates punishment, and etiquette and law are used together" to govern the world. The content of the rule of law model is very rich and profound, which focuses on the prevention of crime and the punishment of crime. It is based on human feelings, morality, patriarchal ethics, and the comprehensive treatment of etiquette, music, politics and punishment. Taking the Han Dynasty as the main body, this paper studies the formation process, basic connotation, practice, main characteristics, historical influence and practical significance of the pattern of combining etiquette and law with comprehensive governance from the legal system level. The introduction to this paper holds that this mode of governing the country by emphasizing education and synthetically governing embodies the spirit and wisdom of the Chinese nation and fully demonstrates the characteristics of the unique Chinese legal system. It is different from other countries in the combination of religion and law. It is the Chinese original mode of governing the country and the important contribution of the Chinese nation to human civilization. The first chapter mainly discusses the exploration and practice of the Western Zhou Dynasty. As early as more than 1000 BC, the rulers of the Western Zhou Dynasty put forward the thoughts of "matching Heaven with Virtue" and "being careful to punish", and began the exploration of the pattern of rule by etiquette, which was the first choice of the mode of governing the country. It is a creative transformation of ancient custom and etiquette with a long history, and some experiences and achievements have been obtained. The second chapter mainly discusses the exploration and practice of the rule of law in the warring States and Qin dynasties. The establishment of the rule of law model is the choice of the second governance pattern, which negates the rule of etiquette model. Relying on the rule of law model, Qin established a unified feudal empire, which embodied the advantage of the rule of law model. However, the adoption of the policy and measures of severe punishment to promote the feudal rule of law led to the death of the second Qin Dynasty and the failure of the mode of rule of law. The third chapter mainly discusses the process of establishing the model of the combination of etiquette and law in the Han Dynasty, which is the key content of the thesis. In the early Han Dynasty, the theory of Huang Lao played an important role, but gradually withdrew from the historical stage because of the change of the times and the negativity of the theory. As a result, the times call for the emergence of the long school of conservation. By the Western Han Dynasty, the Confucian master Dong Zhongshu advocated that the ruler, on the basis of drawing lessons from the history, "ousted 100 schools and respected Confucianism alone", explored and finally established the model of neo-Confucianism, etiquette and law combined with comprehensive governance. The third choice of governing mode in the history of China is the negation of the ruling mode of the severe punishment of the Qin Dynasty. The negation of the negation is in accordance with the dialectics of history. The establishment of Neo-Confucianism, etiquette and law combined with comprehensive governance in the Han Dynasty greatly promoted the consolidation and development of a unified feudal country, and became one of the most powerful countries in the world at that time. By
【学位授予单位】：中国政法大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：D929;K234
【引证文献】
相关博士学位论文 前2条
1 马婷婷;汉代情论研究[D];华中师范大学;2011年
2 禹平;汉代儒生的社会活动研究[D];吉林大学;2008年
相关硕士学位论文 前1条
1 陈媛;中国古代亲子法的伦理化及其现代价值[D];湖南师范大学;2010年
，本文编号：2400212
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