Abstract In this paper, in the late Ming Dynasty, the complexity of the social contradictions are briefly introduced, and this period famous politician Jang anti Taoist inaction, advocating reform and promising to oppose Yangming, advocated the London pragmatic, people-oriented, people thought the Monarch and other laws were discussed. This paper argues that Jang legal thought and reform measures on China's feudal autocratic regime in this historical period have an important role and positive significance for our modern legal system reform and improvement of great significance.
Paper Keywords examination into law a whip Dun Serving the pragmatic
China's feudal autocratic regime since the Qin and Han to the Ming Dynasty, has continued for more than 1,600 years. It is in itself not only the creation and improvement of the process, but is constantly strengthening and weakening of repeated shocks develop. Developed to the Ming Dynasty, political centralization reached an unprecedented intensity, by repealing the prime minister, the cabinet set, reuse eunuch, the feudal despotism developed to the extreme. The late Ming Dynasty Jiajing to Wanli, which is the state eventful, but also the entire era of declining feudal system, social contradictions, grass translated disaster, the destitute, the state ruled in jeopardy.
However, this time the famous statesman Jang legal thought and reform of the historical periods have a special role and significance. Ideologically opposed Jang Wang Shou-ren's 'Nothing outside', 'Heart unreasonable' theory, anti-Taoist inaction, promising reform initiatives. Economically, the husband Jang implement clear land, increasing government revenue, the implementation of 'a whip' liturgical reform of the system, emphasis on agriculture, water conservancy, attention to the development of commercial, calling for 'thick agricultural purpose business', 'thick business purpose agriculture ', and vigorously promote economic development; in the military, Jang that' ordered military preparations ',' Royal barbarians 'approach, reuse talent, the fight against harassment, advocate big train' rural soldiers, 'to promote' home from the war, people from the Shou. ' Jang-evident Muzong Long Qingyuan years (1567) into the cabinet, Wanli Emperor Wanli reign (1573) to any Grand Secretary, during the decade in power, the Ming regime has gradually become strong and prosperous, centralization has been further strengthened, social and economic development made a huge change, the whole society presents harmonious and stable prosperity. This paper mainly discussed from the following aspects Jang legal thought:
An anti-Taoist inaction, promising reform advocates
Jiajing, Emperor Jiajing Emperor since the encyclical is comparable with the Han, Virtue in Taoism, advocated inaction. Up to two years without Shangchao governance. That court lose its power, 'discipline fall testimonies Ling Yi', border relaxation, eunuch, official corruption, the treasury empty, the annexation of land, displaced persons scattered grass translated disaster, the Tartar invasion, toast rebellion, pirates harassment, hardship.
Jang its extraordinary insight and wisdom to recognize the court crisis. Jang claims court must put together a high concentration of power by the monarch, 'Overview dry Gang, SSIM Weaver', with the laws and decrees to regulate the world, decisive implementation of various policies and laws, so that even thousands of miles away, can do issued in the evening to the morning practice, so as to strengthen the authority of the monarchy and national unity management purposes. Strengthen the control of the Cabinet for six to solve six power struggle between each other, passing the buck, often conflicting constraints or problems, to take from six to state, county Executive, the implementation of the control layer by layer approach: power concentrated in the cabinet, so that become a veritable political hub. Through strict implementation of 'test into law' on the six, Censorate even press, ask the illegal system and strengthen the assessment and picketing, especially the long-standing efforts to correct eunuch Zhuanshan prohibited eunuchs participate in national military and political affairs. Strike exclusion and elimination of all kinds of evil eunuch dismiss batch. Consolidate national defense, straighten border, stepping up training, the use of chariots, and in step with the combat riding. Open Mita, repair the Great Wall, construction enemy units, strengthen the defense forces. In the border on the basis of consolidation, through peace talks to improve relations between the Ming Dynasty and Mongolia. Throttle open, punish corruption, cleaning and clearance less endowed husband Rebellion, liturgical reform, the implementation of a whip. Through a series of reforms to make the dying Ming dynasty regain vitality.
Second, the opposition Yangming, advocated the pragmatic London
Yangming emphasized moral practice, and even then the understanding of right and wrong moral practice is also included in the scope of subjective likes and dislikes with the same equal. Yangming advocated that people with heart 'conscience' to constrain their behavior, as long as the feudal Gangchanglunli placed hearts, so that everyone desires without the slightest care, real accordance with the 'conscience' of life, we can in terms of ideology, behavior with the requirements of the feudal rulers to maintain high degree of unity, we can resolve the crisis in the real world, you can make long-term stability of feudal rule.
Jang profound understanding of the complexity of the social crisis and danger, he thinks Yangming rely on so-called 'conscience' is unable to eliminate current problems, and save the real crisis, only London this pragmatic, reform and innovation, in order to make the country truly out of the woods , out of the crisis. He proposed 'provincial discussions, Zhen Ji Gang, heavy marsh orders, nuclear Name real, solid Bomben, ordered Wubei' reform program, from top to bottom to promote political, economic and military reforms, unified regime, serious law and order, economic development, attention sufferings of the people, serving the community, through real reform and efforts to resolve social conflicts and crises, and thus achieve the goal Fuguoqiangbing. Jang ideas in line with the prevailing laws of social development, with a strong practical and scientific.
Third, to promote a legal government, emphasizing strict legal
Jang Jun-made law and punishment tours primarily personally dominate the right, to strengthen the absolute authority of the monarch edict, but also strict rule of law, and stressed that strict legal system is strengthened Regal system security, and strict enforcement of the legal system, the key is fair and impartial, unbiased, To achieve the 'Act as Canada, although not forgive your past; something somewhat vain, though sparse cheap heart Shen.' Jang advocate the use of laws and decrees to regulate the world, decisive implementation of various policies and laws. If strict 'test into law' to strengthen the control of the Cabinet for six, the implementation of the control layer by layer approach. For six, Censorate even press, ask the illegal system and strengthen the assessment and picketing, especially the long-standing efforts to correct eunuch Zhuanshan prohibited eunuchs participate in national military, political affairs, denounced the strike and the elimination of a number of all kinds of evil eunuch dismiss . Strict inspection, given the merits and demerits of giving appropriate rewards and punishments and demote and promote, violate the law, you must clear positive incrimination, law enforcement is not prime. Jang advocated the rule of law, is mainly used to bind and regulate the internal organization of the ruling class actions against their lawlessness, touched the most decadent, the darkest forces of society, and a certain degree of sympathy for and protection of the masses of working people, than the repression of the people as the first service of the landlord bureaucratic, more advanced and progressive significance.Links to free download http://eng.hi138.com
Fourth, insist on serving the community, promote China the Monarch
Jang stressed: 'Legal impermanence, to be close to the people, past and present different potential. Would vulgar is appropriate.' Vulgar departure from recent public will examine first move toward regulations, those who can not conform to the trend, contrary to popular demands, and can not abide; just shun Min of time, even mortals see proposed, nor should not obey. For officials at all levels abandoning the old rules, practice-oriented, in order to Fuguoqiangbing primary task, strongly advocated sweeping useless function words, seeking practice is essential to the effectiveness. He also stressed: 'human physical not aware, is not through knowledge,' which called for practical solutions to people's livelihood and governance scholarship combine serving the community, whether it is conducive to the development of society and meet the needs of the people as a fundamental principle, whether old or the present legal system, should serve as a yardstick. He also proposed 'the times of the CAS's, although Yong Chung's established, can not waste too; brutal at the time, whisk in China, although the sages of the creation, but also can be impossible.' If a legal system in line with the times, people are satisfied, even ordinary people create, nor should discard; otherwise even to the ancient sages established, should not be followed. He also pointedly noted, 'In the world of big, Bong a person's body,' the world will cause untold suffering, harm Tai, so he asked the king 'does not serve the world as its body, and its being a world so' He boldly proposed the 'it certainly changed, change the anti-beginning' of social evolution theory and the 'days of the Monarch for by the people' and 'China the Monarch' view. Although he advocated reforms in the rule of law, they are not considered necessary as a 'brutal in time, whisk the people', that is outdated and contrary to public opinion to change course, but not draconian attempt to abuse the people, but only requires 'neat serious, hanging method to show the people that make them not guilty. '
In addition, Zhang was also concerned about the people suffering for the people irrigation, flood control, clear husband Rebellion, the implementation of a whip, to reduce the burden of liturgical people, focusing on the development of commercial, economic activity, and the adjacent frontier and harmony. At the same time, he also asked the ruling class from top to bottom Thrift, reduce expenses and punishing extravagance and waste, extravagance and corruption. Jang this legal thinking to some extent alleviate the burden of the people, promote social and economic development, easing the prevailing class contradictions, conform to the historical trend, the historical development of this period played a positive role in promoting.
Jang's ideological and theoretical understanding of social reality in a profound crisis through London on the basis of the pragmatic, and a large number of Confucianism into practice method combined with the product. He passed a series of reform measures to make the functioning of national institutions, national economy and policy implementation, social and economic development have made a huge change. Jang in its complete system of thought, based on the use of their right to make the rule of law and the rule of man at that time, the legal system and the social and economic infrastructure has been a good combination, played an important role and has made brilliant achievements. Jang active in legal thought the boat, is conducive to the people, the history of the development has played a positive role in promoting. Because of its great historical merit and was later described as the 'prime minister Jay.' Jang legal thought and reform, the development of our contemporary legal system plays an important role and significance.