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Inspire the vigorous vitality of China's excellent traditional legal culture

2025-03-17   

The Third Plenary Session of the 20th CPC Central Committee, based on the strategic requirements of promoting Chinese path to modernization, made the top-level arrangement of "inheriting Chinese excellent traditional culture". General Secretary Xi Jinping emphasized: "We must actively promote the creative transformation and innovative development of China's excellent traditional legal culture, give new era connotations to China's legal civilization, and stimulate vigorous vitality." To inherit China's excellent traditional legal culture, we must be guided by Xi Jinping's legal thought and cultural thought, draw nourishment from China's excellent traditional legal concept, and use it wisely, so that historical wisdom can shine with new era light. Inherit and develop the important concept of "people are the foundation of the state" People oriented thought is the essence of China's excellent traditional legal culture. It advocates that "the people are more important than the monarch" and "enrich the people and benefit the people". It requires rulers to attach importance to the social status of the people, respond to the interests of the people, and rely on the people's power to govern the country and the state. These ideas and concepts have had an important warning effect on rulers throughout history, and have accumulated into important ideological content of China's excellent traditional legal culture. The people-oriented ideology is an important concept of China's excellent traditional legal culture. The "Song of the Five Sons" in the Book of Documents proposes that "the people are the foundation of the nation, and the nation is stable and peaceful", which can be regarded as the earliest expression of the people-oriented ideology. The Zhou people summarized the lessons of Shang and Zhou's arrogance, extravagance, tyranny, and political decline, and came to the conclusion that "heaven sees itself as the people, and heaven listens to itself as the people". They believed that rulers should use the people as a medium to observe the will of heaven and comply with the mandate of heaven by considering public opinion. In the turbulent environment of the collapse of rituals and music during the Spring and Autumn Period and the Warring States Period, Mencius deeply reflected on the status of the ruler and the people in class society with the principle of "the people are the most important, the state is secondary, and the ruler is the least important", while Xunzi's "water carries the boat, water overturns the boat" brilliantly interpreted the relationship between the ruler and the people under the hierarchical system. These concepts have had a significant impact on the governance philosophy of later generations. Zhang Zai, a Confucian scholar of the Song Dynasty, defined the relationship between people and things from the perspective of benevolence. He regarded all people in the world as brothers and all things in the world as companions, reflecting the spirit of love and equality, enriching and deepening the people-oriented ideology. During the Ming and Qing dynasties, great Confucian scholars such as Huang Zongxi and Wang Fuzhi explored the issue of civil rights from a rational perspective, criticized imperial autocracy, and put forward progressive views such as "the world is the mainstay, and the monarch is the guest", as well as value propositions such as "the right to govern the world", "the equal distribution of land in the world", and "the responsibility of the world", further enriching the connotation of people-oriented thinking. Benefiting the people is a distinctive feature of ancient Chinese legal practice. From the "Nine Chapters of the Han Code" to the "Laws and Regulations of the Qing Dynasty", all the legal codes throughout history have drawn lessons from the tyranny and suffering of the people during the Qin Dynasty and the death of the second emperor, emphasizing the importance of simplicity in law and leniency in usage. The death penalty review system implemented in the Han Dynasty reflected the emphasis on the value of individual life and was used until the Ming and Qing Dynasties. The system of retaining and supporting relatives implemented by the Northern Wei Dynasty reflected the concern for the issue of "providing for the elderly" and was inherited by later dynasties. From the "Wen Jing Zhi Zhi Zhi" in the Han Dynasty to the "Kang Qian Sheng Shi" in the Qing Dynasty, all governance adhered to the people-oriented stance of "establishing good laws in the world, then governing the world; establishing good laws in one country, then governing the country", and all implemented benevolent governance of lenient punishment and lenient taxation, and resting with the people. The people-oriented ideology has been continuously developed, instilled, and propagated by ancient thinkers, and has had a profound impact on legislative creation and judicial activities since the Han Dynasty, making the law in the context of the Chinese legal system a system that conforms to natural principles and human emotions. Emperor Qianlong's evaluation of the Qing Dynasty's laws and regulations, which emphasized the principles of heaven and the principles of human relations, and emphasized the importance of the people to the public, is a vivid manifestation of the people-oriented ideology in ancient legislative practice. Putting the people at the center is an innovative transformation of the traditional idea of "the people are the foundation of the state", and it is the fundamental stance for promoting the construction of a socialist rule of law country. Although traditional people-oriented thinking aims to alleviate social conflicts and maintain hierarchical order, its inherent values such as respecting public opinion, cherishing people's strength, observing people's emotions, and caring for the people reflect the observation of the lower class people and the reverence for the power of the people. General Secretary Xi Jinping pointed out that "the people-oriented ideology left by ancient people is still relevant today." Since the 18th National Congress of the Communist Party of China, the Party Central Committee, with Comrade Xi Jinping as the core, has elevated the value of traditional people-oriented ideology, developed the "people-oriented" political structure that is confined to the "family world" into a "people centered" one that reflects the people's ownership of the country, adhered to the principle of "promoting comprehensive rule of law, with the fundamental goal of protecting people's rights and interests in accordance with the law," formulated a series of laws and regulations to protect people's rights such as the Civil Code, and actively explored the promotion of people's democracy throughout the entire process. On the new journey, to build a higher-level socialist rule of law country, it is necessary to take the principle of adhering to the people-centered status as the primary principle, ensure that the people become the main force and source of socialist rule of law construction, and ensure that the comprehensive rule of law is always rooted in the creative practice of the people; We must regard the maintenance of social fairness and justice as an important mission, adhere to the principle that "justice is the lifeline of the rule of law", continuously improve the quality of legislation, always strictly enforce fair justice, and continuously promote good laws and good governance; We must take the protection of people's rights and interests according to law as the fundamental task, "implement the whole process of embodying people's interests, reflecting people's aspirations, safeguarding people's rights and interests, and improving people's well-being in all fields of comprehensively governing the country according to law", safeguard the people's needs for a better life with the rule of law, and unswervingly follow the path of human rights development in China. The governance method of inheriting and developing the "combination of ritual and law" is a prominent feature of China's excellent traditional legal culture, which combines morality and punishment, and the combination of ritual and law. It not only regards the rule of ethics and morality as the basic path of governing the country, but also establishes a relatively systematic legal system with criminal law as the main body, and maintains the long-term stability of the country through the synergistic effect of moral education and legal norms. This approach was effective in ancient Chinese social governance and has important reference significance for contemporary Chinese legal construction practice. Longli Chongfa is the core content of excellent traditional Chinese legal culture. The ancient Chinese believed that "the essence of governance lies in the combination of ritual and punishment". They valued the use of ritual to transform the world and opposed the practice of "punishment without education". They advocated for the joint adjustment of social relations through ritual education and punishment, stating that "before the prohibition of ritual occurs, the enforcement of law has already begun". After the Yin and Shang dynasties of the Zhou Dynasty, Duke Ji Dan of Zhou established a relatively complete system of ritual, music, and punishment based on the inheritance of the Xia and Shang ritual systems, emphasizing the importance of being virtuous and cautious in punishment. During the Spring and Autumn Period, Confucius put forward the famous viewpoint of "governing with virtue", believing that if a monarch has good character and implements benevolent governance, he can gain the unanimous support of the people and "live in his place with all the stars". He regards the rule of ethics and morality as the core content of benevolent governance and an effective path for governing the country. He points out that "the way is to govern, and the rule is to punish, and the people should avoid being shameless; the way is to govern with virtue, and the rule is to govern with etiquette, and there is shame and dignity. That is to say, rulers who only focus on punishment can only make the people obey the law out of fear, but will not generate psychological recognition or form moral constraints. Only by implementing moral governance and etiquette can the people be convinced and not violate the rules. Since relying solely on ritual education and moral education cannot solve many practical problems in social governance, the combination of ritual and law has become an inevitable choice for ancient social governance. As the saying goes, "wherever ritual goes, punishment must be taken; if it is impolite, punishment must be taken, which is both superficial and internal. The combination of ritual and law is a successful experience in ancient Chinese social governance. Throughout ancient China's legislative and judicial activities, operable legal provisions were formed under the guidance of the ritual system and implemented in political practice and social governance during a certain period. During the Warring States period, the Legalist school fully expounded the function and status of law, emphasizing that "the law is not noble, and the rope is not bent" and "those who abide by the law are strong, and those who abide by the law are weak," making the maintenance of legal authority and compliance with legal provisions a prerequisite for national peace and security. Han Confucians proposed that 'yang is virtue, yin is punishment', believing that 'since sages understand the nature of philosophy, they must understand the hearts of heaven and earth, establish rituals and teachings, legislate and impose punishments, and influence people's emotions, thus creating celestial phenomena and the earth'. Therefore, starting from the Western Han Dynasty, all dynasties have adhered to the idea of "virtue as the mainstay and punishment as the auxiliary", taking virtue and ritual as the foundation of politics and religion, and punishment as the use of politics and religion. "Making rituals with reverence, setting punishments with clear authority", combined the moral transformation of ritual and education with punishment and punishment for social governance, and the combination of ritual and law, and the joint governance of virtue and punishment, has become a continuous and inherited way of governing the country. The "Zhenguan Law" emphasizes benevolence and righteousness, and is cautious of punishment and leniency, while the "Da Ming Law" emphasizes the importance of respecting minor crimes and serious ones, both reflecting the norms of etiquette and playing an important role in creating feudal governance such as the Zhenguan and Hongwu reigns. Adhering to the combination of governing the country by law and governing the country by virtue is the development of the historical experience of "combining ritual and law", and is the basic principle for promoting the construction of a socialist rule of law country. In the context of traditional legal culture, ritual emphasizes hierarchical norms, while law emphasizes punishment and punishment, both of which have a clear hierarchical color. However, the combination of ritual and law, as well as the governance of morality and punishment, was an advanced concept of governance in ancient society. Ancient politicians also used this to create a series of prosperous times of political integrity and human harmony. General Secretary Xi Jinping emphasized that "law is a written morality, and morality is an inner law. Both law and morality have the function of regulating social behavior, adjusting social relations, and maintaining social order." Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has adhered to the combination of governing the country by law and governing the country by virtue, unified the "hard constraints" of law and the "soft constraints" of virtue, vigorously promoted the spirit of socialist rule of law, promoted the incorporation of socialist core values into law and regulations, and made the rule of law and the rule of virtue complement each other, jointly promoting the modernization of the national governance system and governance capacity. On the new journey, to promote the comprehensive rule of law, we must adhere to the principle of "grasping both the rule of law and the rule of virtue, and both hands must be firm". We must nourish the rule of law with morality, integrate the spirit of the rule of law into the civic moral construction project and the national education system, guide people to form a good sense of rules and contractual spirit, and organically connect the socialist moral system with legal norms. We must also use the rule of law to safeguard morality, focus on "using legal means to solve prominent problems in the moral field", punish evil deeds and promote good deeds with rigid laws and regulations, and guide the whole society to form a trend of respecting morality and moving towards goodness. In the thousands of years of national and social governance practice, ancient Chinese politicians attached great importance to the integrity and honesty of bureaucratic groups, viewing it as a key factor affecting the rise and fall of dynasties and forming a far-reaching culture of integrity. The culture of integrity is a highly distinctive component of China's excellent traditional legal culture, providing valuable historical wisdom for the construction of socialist rule of law in contemporary China. Upholding oneself upright and maintaining integrity is the self-cultivation principle of excellent traditional Chinese legal culture. Ancient politicians attached great importance to maintaining integrity before it occurs and preventing corruption before it occurs, emphasizing the importance of rectifying oneself and others, and nurturing one's heart and integrity. The Book of Rites sets integrity, competence, respect, honesty, legality, and discernment as the six criteria for assessing officials, and regards "integrity" as the primary requirement for those in power. Confucius advocated self-cultivation to cultivate benevolence and respect etiquette to govern affairs. He believed that as a ruler, one should "live tirelessly and be loyal in their actions", and through self-cultivation and self-improvement, promote oneself and others, achieving the good effect of "a son should be upright, who dares not be upright". Mencius proposed that "integrity is the foundation of governance, the four dimensions of the country, the great virtue of establishing people, and the great virtue of serving. Dong Zhongshu of the Western Han Dynasty advocated the practice of "propriety, righteousness, integrity, and obedience", while Wang Fu of the Eastern Han Dynasty regarded "integrity and purity" as a necessary condition for changing social norms. Wu Zetian proposed that "the virtue of honesty and integrity is the treasure of officials", requiring officials to regard honesty and integrity as the most precious wealth. Song Confucians believed that "integrity and shame are the great virtues of a scholar and a gentleman", and proposed the principles of "caring for the people with benevolence, regulating oneself with integrity, having intentions for the public, and being diligent in handling affairs" as official guidelines. During the Ming and Qing dynasties, "cleanliness, prudence, and diligence" became the first motto and evaluation criteria for officials

Edit:Luo yu Responsible editor:Jia jia

Source:cssn.cn

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