中國傳統(tǒng)教令權(quán)研究
發(fā)布時間：2018-08-28 12:54
【摘要】：傳統(tǒng)禮教是一個歷久彌新的話題,既有較強(qiáng)的理論性,又與現(xiàn)實(shí)生活息息相關(guān),傳統(tǒng)禮教的研究也一直是法制史界的熱點(diǎn)。但在眾多關(guān)于禮教的研究中,對于中國傳統(tǒng)教令權(quán)的探討卻鮮有涉及,而教令權(quán)與我們的生活具有較強(qiáng)的聯(lián)系,尤其對當(dāng)代的法治建設(shè)、德治建設(shè)、全民道德素養(yǎng)的提升具有重要的意義。因此,本文以中國傳統(tǒng)教令權(quán)為視角,探討傳統(tǒng)教令權(quán)的發(fā)展歷史、成因、主要內(nèi)容及特點(diǎn),并對其優(yōu)劣進(jìn)行評析,以期得到些許啟示,能夠?qū)?gòu)建適應(yīng)現(xiàn)代社會的新型教令權(quán)提出一些淺顯的建議。 本文首先對中國傳統(tǒng)教令權(quán)的概念進(jìn)行界定,糾正人們對教令權(quán)認(rèn)識方面的偏見。人們往往認(rèn)為教令權(quán)僅僅是家長對子孫的權(quán)利,卻忽略了教令權(quán)是權(quán)利和義務(wù)的結(jié)合,還具有更豐富的內(nèi)容。第一部分主要論述中國傳統(tǒng)教令權(quán)的制度沿革。原始社會末期至西周、春秋先秦時期,傳統(tǒng)教令權(quán)伴隨著家庭的形成而初露端倪、并伴隨禮文化的產(chǎn)生而產(chǎn)生,漢唐時期,漢武帝采用董仲舒的建議“罷黜百家,獨(dú)尊儒術(shù)”,漢宣帝又標(biāo)榜“以孝治天下”,中國傳統(tǒng)教令權(quán)得到了進(jìn)一步的發(fā)展。唐朝作為我國封建制度高峰期的王朝,其政治、經(jīng)濟(jì)得到極大發(fā)展的同時,其文化、法制尤其是禮法結(jié)合也達(dá)到了封建時代的高峰,中國傳統(tǒng)教令權(quán)也在這一時期臻于完備。唐后各朝修律多以唐律為藍(lán)本,所以,宋元明清時期,關(guān)于教令權(quán)的法律規(guī)定并無大的變化,只是隨著程朱理學(xué)的興盛,尤其是在其取代漢唐儒學(xué)成為占統(tǒng)治地位的意識形態(tài)后,修律過程中所體現(xiàn)的禮教觀念獲得了前所未有的擴(kuò)散和深化,致使傳統(tǒng)教令權(quán)得到了強(qiáng)化。晚清時期中國的法律開始了近代化的轉(zhuǎn)型,中與西、新與舊、傳統(tǒng)與現(xiàn)代產(chǎn)生了激烈的碰撞,引發(fā)了中外聞名的“禮法之爭”,論爭的焦點(diǎn)最后集中在了“無夫奸”和“子孫違反教令”條的存廢上,反映出了中國傳統(tǒng)教令權(quán)的衰微及沒落。第二部分主要論述中國傳統(tǒng)教令權(quán)的主要內(nèi)容和特點(diǎn)。第三部分是中國傳統(tǒng)教令權(quán)的成因。在經(jīng)濟(jì)上,中國古代以農(nóng)業(yè)為主,小農(nóng)經(jīng)濟(jì)占主導(dǎo)地位,家庭是最基本的經(jīng)濟(jì)單位,這為教令權(quán)的滋生與發(fā)展提供了現(xiàn)實(shí)的土壤；在政治上,古代中國家國一體的政治結(jié)構(gòu)為教令權(quán)提供了政治保障、奠定了社會基礎(chǔ)；在文化方面,以禮為主并貫穿于整個中華文明史的儒家文化為教令權(quán)的形成提供了文化背景。第四部分是中國傳統(tǒng)教令權(quán)的優(yōu)劣評析。中國傳統(tǒng)教令權(quán)本身是一個優(yōu)劣并存的矛盾體,這一部分,以中國傳統(tǒng)教令權(quán)的主要內(nèi)容孝、懲戒權(quán)、送懲權(quán)和家教為重點(diǎn),對中國傳統(tǒng)教令權(quán)的可繼承因素進(jìn)行分析。并以中國傳統(tǒng)教令權(quán)的主要內(nèi)容孝、懲戒權(quán)和主婚權(quán)為重點(diǎn),對中國傳統(tǒng)教令權(quán)的可摒棄因素進(jìn)行分析。第五部分是中國傳統(tǒng)教令權(quán)的現(xiàn)代啟示�，F(xiàn)代社會在經(jīng)濟(jì)飛速發(fā)展的同時,產(chǎn)生了諸多關(guān)于家庭方面的問題,面對現(xiàn)代社會的困擾,我們急需構(gòu)建適應(yīng)現(xiàn)代社會的新型教令權(quán),既要對傳統(tǒng)教令權(quán)進(jìn)行批判的繼承,又需營造家庭內(nèi)部和諧的倫理道德氛圍,既要有外部的法律強(qiáng)制,又要有內(nèi)心道德的自我約束。
[Abstract]:Traditional ethics is a new topic, which is not only theoretical but also closely related to real life. The study of traditional ethics has always been a hot topic in the field of legal history. It is of great significance to the construction of the rule of law, the rule of virtue and the promotion of the moral quality of the whole people. Therefore, this paper, from the perspective of the traditional Chinese clerical power, discusses the history, causes, main contents and characteristics of the development of the traditional clerical power, and makes an analysis of its advantages and disadvantages, in order to get some inspiration, and to build a new type of society suitable for modern society. Put forward some simple suggestions for the right of instruction.
This paper first defines the concept of Chinese traditional clerical right and rectifies people's prejudice on the understanding of it. People often think that it is only the right of parents to their children, but neglect that it is the combination of rights and obligations. It also has more abundant content. The first part mainly discusses the system of Chinese traditional clerical right. From the end of the primitive society to the Western Zhou Dynasty, during the Spring and Autumn Period and the Pre-Qin Period, the traditional clerical power emerged with the formation of the family and the emergence of the ritual culture. In the Han and Tang Dynasties, Emperor Wu of Han Dynasty adopted Dong Zhongshu's suggestion to "depose a hundred schools of thought and respect Confucianism alone". Emperor Xuandi of Han Dynasty declared that "rule the world with filial piety", and the Chinese The Tang Dynasty, as a dynasty at the height of the feudal system in China, had a great development in politics and economy. At the same time, its culture, legal system, especially the combination of etiquette and law, reached the peak of the feudal era. The traditional Chinese clergy was also perfected in this period. There was no great change in the legal provisions of the power of clergy, but with the flourishing of Neo-Confucianism, especially after it replaced Confucianism in the Han and Tang Dynasties as the dominant ideology, the ethical ideas embodied in the process of law revision had been unprecedented spread and deepened, resulting in the strengthening of the traditional power of clergy. At the beginning of the transformation of modernization, the collision between China and the West, the old and the new, the tradition and the modern has been fierce, which has triggered the famous "debate of propriety and law" both at home and abroad. The focus of the debate has finally focused on the existence or abolition of "no husband traitor" and "children violating the decree", reflecting the decline and decline of Chinese traditional decree power. The third part is the cause of formation of the Chinese traditional missionary power. In economy, ancient China was dominated by agriculture, the small-scale peasant economy was dominant, and the family was the most basic economic unit, which provided realistic soil for the birth and development of the missionary power. The structure provides political guarantee and social foundation for the right to teach; in culture, the Confucian culture, which is mainly ritual and runs through the history of Chinese civilization, provides cultural background for the formation of the right to teach. Part one, focusing on filial piety, the right of punishment, the right of sending punishment and the right of family education, analyzes the inheritable factors of Chinese traditional missionary power, and focusing on filial piety, the right of punishment and the right of marriage, analyzes the discardable factors of Chinese traditional missionary power. The Modern Enlightenment of the traditional missionary right. While the modern society is developing rapidly, many problems concerning the family have arisen. Facing the puzzlement of the modern society, we need to construct a new kind of missionary right which suits the modern society urgently. Both external legal coercion and internal moral self-restraint are required.
【學(xué)位授予單位】：鄭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D929
本文編號：2209457
[Abstract]:Traditional ethics is a new topic, which is not only theoretical but also closely related to real life. The study of traditional ethics has always been a hot topic in the field of legal history. It is of great significance to the construction of the rule of law, the rule of virtue and the promotion of the moral quality of the whole people. Therefore, this paper, from the perspective of the traditional Chinese clerical power, discusses the history, causes, main contents and characteristics of the development of the traditional clerical power, and makes an analysis of its advantages and disadvantages, in order to get some inspiration, and to build a new type of society suitable for modern society. Put forward some simple suggestions for the right of instruction.
This paper first defines the concept of Chinese traditional clerical right and rectifies people's prejudice on the understanding of it. People often think that it is only the right of parents to their children, but neglect that it is the combination of rights and obligations. It also has more abundant content. The first part mainly discusses the system of Chinese traditional clerical right. From the end of the primitive society to the Western Zhou Dynasty, during the Spring and Autumn Period and the Pre-Qin Period, the traditional clerical power emerged with the formation of the family and the emergence of the ritual culture. In the Han and Tang Dynasties, Emperor Wu of Han Dynasty adopted Dong Zhongshu's suggestion to "depose a hundred schools of thought and respect Confucianism alone". Emperor Xuandi of Han Dynasty declared that "rule the world with filial piety", and the Chinese The Tang Dynasty, as a dynasty at the height of the feudal system in China, had a great development in politics and economy. At the same time, its culture, legal system, especially the combination of etiquette and law, reached the peak of the feudal era. The traditional Chinese clergy was also perfected in this period. There was no great change in the legal provisions of the power of clergy, but with the flourishing of Neo-Confucianism, especially after it replaced Confucianism in the Han and Tang Dynasties as the dominant ideology, the ethical ideas embodied in the process of law revision had been unprecedented spread and deepened, resulting in the strengthening of the traditional power of clergy. At the beginning of the transformation of modernization, the collision between China and the West, the old and the new, the tradition and the modern has been fierce, which has triggered the famous "debate of propriety and law" both at home and abroad. The focus of the debate has finally focused on the existence or abolition of "no husband traitor" and "children violating the decree", reflecting the decline and decline of Chinese traditional decree power. The third part is the cause of formation of the Chinese traditional missionary power. In economy, ancient China was dominated by agriculture, the small-scale peasant economy was dominant, and the family was the most basic economic unit, which provided realistic soil for the birth and development of the missionary power. The structure provides political guarantee and social foundation for the right to teach; in culture, the Confucian culture, which is mainly ritual and runs through the history of Chinese civilization, provides cultural background for the formation of the right to teach. Part one, focusing on filial piety, the right of punishment, the right of sending punishment and the right of family education, analyzes the inheritable factors of Chinese traditional missionary power, and focusing on filial piety, the right of punishment and the right of marriage, analyzes the discardable factors of Chinese traditional missionary power. The Modern Enlightenment of the traditional missionary right. While the modern society is developing rapidly, many problems concerning the family have arisen. Facing the puzzlement of the modern society, we need to construct a new kind of missionary right which suits the modern society urgently. Both external legal coercion and internal moral self-restraint are required.
【學(xué)位授予單位】：鄭州大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D929
【參考文獻(xiàn)】
相關(guān)期刊論文 前2條
1 李祖揚(yáng);現(xiàn)代文明與孝倫理[J];道德與文明;2001年06期
2 肖光輝;;法的倫理化與倫理化的法——中國傳統(tǒng)法文化的一個經(jīng)濟(jì)社會史的觀察與分析[J];金陵法律評論;2006年02期
，本文編號：2209457
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