1. Research on Confucius and Confucian Legal Thought: A General Theory of Confucian Legal Thought
In 1981, he published papers such as How to Recognize and Evaluate the Legal Thought of Confucius, and took the lead in researching Confucius and Confucianism from the level of the law, which broke through the situation of the Cultural Revolution that had left a lot of afterthoughts and a lot of outpourings in the field, and was immediately received by the scholars both at home and abroad with responses and praise.
After the publication of the General Theory of Confucian Legal Thought, it was instantly rumored to be a masterpiece in the field of legal history and Confucianism. Eighteen newspapers and magazines, including China Social Science, Reading, International Confucianism, Law, Confucius Studies, Law Review, Guangming Daily, and Wen Wei Po, have published reviews of the book.
The author focuses on the comparison of Chinese and Western legal culture and the legal thought of the pre-Qin masters in the process of research on Confucius and Confucian legal thought, and focuses on the macroscopic level of Chinese philosophical thought, political thought, and ethical thought, as well as the micro level of writing, archaeology, and canonical system to make multi-angle thinking to explore the content and qualities of Confucian legal thought, and boldly innovates in methodology, thus putting forward a series of novel ideas. The book is a series of new ideas.
First, it is proposed that the differences between Confucianism and law in the pre-Qin period were not the opposition between the rule of man and the rule of law, and that there was no main line of struggle between the rule of man and the rule of law in the history of Chinese law after the Qin and Han dynasties. The extreme monarchical absolutism of the Legalists was precisely a typical form of rule of man. Therefore, it is inappropriate to use the opposing views of Confucianism's rule of man and Legalism's rule of law to comment on the two schools of Confucianism and Law, and to depict the history of law and legal culture in ancient China.
Secondly, the assertion that Confucian rituals are "natural law" is questionable. Western natural law, whether religious or rational, places a supreme God, or external justice, above or beyond human society and human law, and makes people worship it. The "rites" and "heavenly principles" of Confucian law are neither above nor outside of human beings, but within human beings, in their daily life, and in their hearts. Therefore, Confucian law has the idea of rationality and the concept of justice, but it cannot be reduced to the Western-style natural law.
Thirdly, Confucius' opposition to Jin's casting of criminal tripods was not an opposition to the publication of written laws. A great deal of information proves that the criminal book and the criminal tripod were not the beginning of the publication of written law in China, and that the "hanging law" of the Western Zhou Dynasty was a form of publication of written law much earlier than it was. Confucius' opposition to the Jin Ding Ding was to oppose arbitrary legislation and the establishment of arbitrary laws, and to adhere to the principle of etiquette. In ancient China, customary law has always existed, and the coexistence and complementarity of statutory law and customary law is a feature of the Chinese legal system.
Fourth, the use of rich historical data discusses the ancient Chinese law is the implementation of the law of crime and punishment and non-statutory and non-statutory comprehensive conviction and sentencing system, which in turn is the Chinese legal system is different from the civil law system and the law of the sea system is one of the characteristics. Confucian law opposes the solidification and mechanization of the relationship between crime and punishment, but does not advocate that crime and punishment be arbitrary.
Fifth, it discusses the cultural quality of Confucian legal thought as ethical law, and analyzes the origin, basic principles, and basic features of Confucian ethical law.
Sixth, the "Spring and Autumn Prison Decision" is reevaluated. It is argued that the "Spring and Autumn Prisons" cannot be categorized without analysis as "fixing whoever you want and however you want". From the few remaining cases of "Spring and Autumn Jailbreaks", are to change the weight to light. The "Spring and Autumn Prison" is an important intermediate link in the transition from the Qin Dynasty to the Tang Dynasty to combine the law and etiquette, is a turning point from the legalist legislation, justice to the Confucian legislation, justice, the development of the Chinese legal system plays a positive role in promoting.
Seventh, although there is no systematic written civil law in ancient China, but also has a rich civil law culture. The topic examines the cultural value of Confucianism's concepts of honesty and righteousness in civil law and its important role in the formation and development of China's unique civil law culture.
Eighth, it explores the influence and evolution of Confucian legal thought in Chinese history. Among them, on the Tang Law Review is a typical feudal ethical law; the main aspects of Huang Zongxi's thought in the Ming and Qing dynasties still show that he is still a Confucian social critical thought of the great master, and his proposition that "there is the rule of law and then there is the rule of law" is not the rule of law; Shen Jiaben's contribution does not lie in the fact that he is a reformer, but rather in the fact that he is a Confucianist, a Confucianist, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian, a Confucian. On the contrary, he was a Confucian-type enlightened bureaucrat to end the Confucianization of law in ancient China; Sun Yat-sen's theory of "public sentiment and national history" has the significance of creating a modern Chinese legal culture that combines the East and the West, and his "five-power constitution" is not the Western "separation of powers", but the "five-power constitution" is not the Western "separation of powers". His "five-power constitution" was not a replica of the Western "separation of powers", but a centralized political system that tried to communicate the traditional civil principle with the modern idea of civil rights. All these are the unique insights of the explorers, and are not lacking in inspirational significance.
Eighth, there are some characteristics in the methodology of studying and elaborating the legal thoughts of Confucian masters and other historical figures. One is to start from the original, speak with the information, and strive to avoid one-sidedness and out-of-context; two is to examine the law thought of Confucius, Mencius, Xun and other figures as a sub-system of their overall system of thought, and to avoid dismembering and fragmenting them; and three is to discover and expound their law thought from three levels: first is the level of the Ideal Law, which is also the standard of value for their evaluation and design of the real society and the reality of the law, such as Confucius's The first is the level of ideal law, which is also their value standard for evaluating and designing the real society and real law, such as Confucius's "benevolence", Mencius's "benevolence and righteousness", Xunzi's "propriety and righteousness", as well as the "Law of the First King" and Song Confucian's "Divine Principle". "The second is the level of their principles on legislation, law enforcement, justice and law-abiding, such as the idea of valuing the people, the idea of mediocrity, the idea of familialism, the idea of monarchism, etc.; the third is the level of specific legal propositions, such as the penalty, the "straight" decision, the father and the son are hidden, etc. The third is the level of specific legal propositions, such as the penalty, the "straight" to decide the prison, the father and the son, etc.
"Difficult Pioneering - Mao Zedong's Legal Thought and Legal Practice"
2. Research on Modern and Contemporary Legal Thought: "Difficult Pioneering - Mao Zedong's Legal Thought and Legal Practice"
The book is divided into eight chapters. Chapters 2 through 7 describe Mao's legal thought and practice at various stages of his life, from adolescence to becoming the leader of the people*** and the state. Chapter 3 states that Mao Zedong established his class theory view of law between late 1920 and early 1921. Chapter 6 writes about Mao Zedong's legal thought and practice during the War of Resistance Against Japan, arguing that this was the period of maturity of Mao's personal Marxist legal thought, which belonged to the legal thought and practice in Mao's system of thought. Chapter 7 discusses Mao Zedong's great achievements in the construction of the new democratic legal system and the socialist legal system in New China, especially the constitutional thought in preparing for the establishment of the new CPPCC and the formulation of the first people's constitution, the economic and criminal law thought in the "three countermeasures" and "five countermeasures", and the ideas on probation, control, amnesty and so on. In particular, the constitutional ideas in the preparation of the New CPPCC and the formulation of the first People's Constitution, the ideas on economic criminal law in the "Three Anti-crimes" and "Five Anti-crimes", and the creation of the systems of probation, control, and amnesty were highlighted. After the late 1950s, in line with Mao Zedong's mistakes in governing the Party and the country, his legal nihilism grew, but he still made a powerful contribution to international relations and international law.
Chapter 8 selected six topics on Mao Zedong in the law of thought, the practice of law on both the creation of brilliant cast a big mistake for theoretical analysis. These six topics are: seeking truth from facts and the law at any time, the mass line and the "four great democracies", party leadership and the democratic system of law, class struggle and the "rebellion is justified", democratic politics and the people's position, "the rule of man ", "rule of law" and the spirit of sages. According to the article, the legal view of the instrumental theory of class struggle, the people's theory of democratic rights, the reverence for the spirit of the sages and ignoring the institutionalization and legalization of democracy, etc., is Mao Zedong in his later years in the practice of law caused by major mistakes in the law of the deeper causes of legal thought. 3, legal anthropology and sociology of law research: "Qiang customary law"
Yu Ronggen and his research team chose the Qiang as the object of field research and theoretical study, the ethnic population is not too large, living in a relatively centralized, very long history, very rich cultural deposits. The book "Qiang Customary Law" is a detailed investigation, argumentation and analysis of Qiang customary law from five different perspectives:
The history and current situation of the Qiang people and the trajectory of the occurrence and development of their customary law; the content of customary law in the property, marriage, inheritance, family, criminal and litigation relations; the customs and rules of the Tusi system, religious beliefs, township and village rules and regulations; the economic background and cultural characteristics of the Qiang people; and the economic background and cultural characteristics of the Qiang people. It also analyzes and refines the theory of Qiang customary law in terms of economic background and cultural characteristics, and analyzes the relationship between the Qiang customary law and the state law in order to reveal the cultural change that the customary law and the state law are becoming more and more integrated and gradually giving way to the state law.
This study is first of all a kind of academic and cultural remediation. It is the first time that the Qiang's legal and cultural traditions are written and fixed, filling a gap in the study of legal anthropology, legal sociology, ethno-legal science and Qiang cultural history. This is a pioneering work that belongs to the wickerwork.
At the same time, the study of national customary law also has considerable practical urgency. The folk culture represented by the customary law and the elite culture represented by the state law are different systems, and there is a difficulty in integration. This difficulty, which still exists today, is one of the reasons why the rule of law process in ethnic areas is struggling. This requires us to summarize the political wisdom and experience of history and reality, in order to achieve an appropriate dynamic balance between adherence to the principle of unity of the rule of law and ethnic customs.
This research also promotes a rigorous and empirical academic style. Around 1994, when the subject was launched, due to the wrong understanding of the commodity economy, the academic world, the growth of dullness, "ten years of sword", focusing on the field research method of governance has been greatly impacted. It is in this context that the members of the group put aside their personal gains and losses, as well as the so-called benefits such as economy and title, and plunged headlong into the mountains, overcoming the lack of oxygen in the mountains, unaccustomed to the food and drink, language barriers, and other difficulties, and obtaining a large amount of reliable information and true feelings. The customary law of the Qiang people is written, but also walked out.