News**: Editor's note from Justice.com The general secretary pointed out that the Chinese legal system embodies the spirit and wisdom of the Chinese nation, and there are many excellent ideas and concepts worthy of our inheritance. The strategy of governing the country with rites and punishments, the strategy of honoring the law and emphasizing the law, and the prudent punishment ideas of virtue and punishment and prudent punishment, etc., all demonstrate the wisdom of China's excellent traditional legal culture. The combination of ritual and law is an important feature of the Chinese legal system. In this issue of "Perspectives and Special Topics", experts and scholars are invited to discuss the connotation and function of ancient Chinese rituals, and the evolution of the relationship between rituals and laws.
The emergence and function of the combination of rituals and laws in ancient China
Morality of the law by entering the law with courtesy Legalizing morality by attaching courtesy to the law
Editor: Li Qing, professor of the Institute of Legal History, China University of Political Science and Law.
Rites are a social phenomenon in ancient China. Rites not only originated early, but also ran through the entire ancient Chinese society. The concept and doctrine of etiquette is the core of traditional Chinese culture, which affects all areas of social life and adjusts the relationship between people and between people and the universe. The mutual penetration and combination of ritual and law constitute the most distinctive feature of the Chinese legal system and the unique Chinese legal culture.
The generation and function of the rites. Rites were originally a religious ritual in primitive societies to worship gods and pray for blessings. In the oracle bone inscription, the ritual character is written as Feng, which symbolizes the holding of jade in the sacrificial bean plate to sacrifice to the ancestral gods, and this primitive custom full of religion is the prototype of the ceremony.
At the end of the primitive society, under the conditions of extremely low level of productivity and scientific and technological culture, people were full of awe and mystery about various phenomena in the natural world and birth, old age, sickness and death. In particular, it has a universal compulsion that everyone obliges to observe, which provides an ideological and historical basis for the transformation of etiquette into a universally observed code of conduct after entering class society.
Because of its function of adapting to customs conditions and its spiritual deterrent power, it was valued by the rulers after entering the class society. The rulers of the Xia and Shang dynasties, who boasted of "obeying the mandate of heaven", tried their best to transform the rites into a code of conduct that represented their class will and met the needs of the country's rule through "filial piety to the ghosts and gods". And the "worship" of sacrificing the ancestors and ghosts of heaven and earth, and the "Rong" of foreign conquest and plunder, are regarded as the most important activities of the country. Not only that, the Yin people also created a religious and political concept that God and the ancestral gods are one, so as to closely combine the heavens and the earth, the rites and theocracy, and serve the kingship and aristocratic politics, which makes the ritual of "eating and drinking" and "worshiping the gods and praying for blessings" have undergone a qualitative change. The content of the rite has also developed from simple customs and rituals to rules that regulate marriage, bloodline, family succession, and the behavior of monarchs and ministers, and gradually institutionalized and legalized.
In the traditional view, the origin of the ritual is mostly explained by the definite division and the end of the dispute. Xunzi said: "The rite starts from what he is, saying: people are born with desires, and if they can't, they can't ask for nothing, and if they don't have a measurement and demarcation, they can't fight." Controversy is chaos, chaos is poor, the first king hated its chaos, so the system of etiquette and righteousness to divide it, in order to raise people's desires, to give people what they want, so that the desire will not be poor in things, things will not succumb to desires, the two hold each other and grow, is the beginning of the ceremony. Xunzi also expressed the privilege of etiquette in the chapter of "Rich Country", he said: "If you are above the scholar, you will be honored with etiquette and music, and the common people will be governed by the law." "The Book of Rites: Qu Li" also says: "The name is different, and the number of rites is also different." This is a specific commentary on the principle of "no courtesy, no punishment to the doctor".
To sum up, rituals have developed from rituals of a religious nature that embody primitive social customs to behavioral norms enforced by law backed by state power, reflecting the progress of human social civilization. The various Confucian theories that ritual originated from "abstinence" and "fixed division" also reflect the evolution of ritual from pure sacrificial ritual to ritual "the common name of the law".
The way to introduce rites into the Dharma. From the introduction of rituals into the law as a process, it has been gradually deepened, starting from the use of Confucian classics to guide legislation and interpretation of laws, to the Spring and Autumn Prison Break, directly using Confucian classics as the basis for justice, and in this process, rituals have been continuously legalized and the law has been moralized.
First, from summarizing the lessons of the Qin Dynasty, it is necessary to create ** for the introduction of rituals into the law. At the beginning of the Han Dynasty, the famous thinker Jia Yi, in view of the disadvantages of the Qin Dynasty's appointing laws and punishments, believed that only etiquette was the foundation of "consolidating the country, fixing the society, and making the king not lose his people". However, the law should not be abandoned, because "the law follows the path of reason", otherwise there is no track to follow in governing the country, governing the government, and controlling the people. However, there should be some emphasis on rituals and the law, he said: "The husband is forbidden before the future, and the Dharma is forbidden after the already is, so the use of the law is easy to see, and the act of the ritual is difficult to know." If the husband rewards the good, the punishment punishes the evil. He believes that the combination of ritual and law is the "economic system" to maintain the long-term peace and stability of the country. Jia Yi was the first person to propose to take etiquette as the foundation of governance and use law as governance after the fall of the Qin Dynasty, which was ruled by law and used by law, thus creating the initial ** for the introduction of etiquette into the law.
Liu Xiang of the Han Dynasty also discussed the status of virtue and the relationship between virtue and punishment in "Shuo Yuan", he said: "There are two mechanisms for governing the country, and criminal virtue is also. The king is still virtuous and his punishment is punished, the hegemon is punished and virtuous, and the strong country is punished first and then virtuous. Those who punish virtue will also be prosperous. Those who are virtuous are also those who are good and enter; The punisher shall punish the evil and forbid the latter. Therefore, the worshipper of virtue is rewarded, and the punishment is even punished. To Dong Zhongshu, he used the theory of yin and yang and the five elements to argue that "the criminal is also supplemented by virtue", "the great virtue is the small punishment", and "the virtue is thick and the punishment is simplified". In particular, the policy of "deposing the hundred schools of thought and respecting Confucianism alone" during the period of Emperor Wu of the Han Dynasty was to confirm Confucianism as the ruling ideology with the highest authority of the state.
Second, by participating in the legislation and commenting on existing laws, the spirit of Confucian rites was introduced. After Emperor Wu of the Han Dynasty established Confucianism as the ruling ideology of the state, the study of scripture developed rapidly. However, at the same time, in line with the national policy of external Confucianism and internal law, it also attaches great importance to legislation, especially after breaking the "learning in the government and taking officials as teachers", the study of law has made great progress. As a result, the father and son passed on each other, gathered disciples to teach, and became a specialized knowledge for a while.
In the Han Dynasty, a noteworthy phenomenon was the mutual penetration of scripture and law, and some scholars were also lawyers, one and the other. For example, Zheng Hong and Zheng Chang brothers "both know the scriptures and understand law and political affairs". During the Eastern Han Dynasty, some masters of scripture also commented on the current laws, forming a large number of works with legal effect. According to the "Book of Jin and Criminal Law Chronicles": "If this comparison is inconsistent, the business of future generations is each chapter and sentence." Uncle Sun Xuan, Guo Lingqing, Ma Rong, Zheng Xuan, Confucianism, more than ten families, hundreds of thousands of words. Whoever is to be judged by the right person is twenty-six thousand two hundred and seventy-two articles, and seven hundred and seventy-two thousand two thousand words. The sixth note of the sixth volume of the "Six Classics of the Tang Dynasty" also says: "In the later Han Dynasty, Ma Rong, Zheng Xuan, and Confucianism had more than ten families, laws and decrees, hundreds of thousands of words, and more than 26,000 articles were used to convict and convict. Later, because "the number of words is complicated, and the reader is difficult", the Son of Heaven issued an edict: "But use Zheng's chapters and sentences, and do not use the Yu family." "The so-called chapters and sentences are the interpretations of the existing laws as written. The coexistence of various chapters and sentences shows the prevalence of private commentaries and the legal value of chapters and sentences. When a master of scripture writes a chapter or verse, it is necessary to import the spirit and principles of the rites. The recognition of the legitimacy and practical effect of the chapters and sentences by the state in the Han Dynasty was undoubtedly an encouragement to the recognition of Confucianism and the introduction of rites into the law. For example, Zheng Xuan's annotation on the meaning of "private prosecution" based on the Zhou Li is as follows: "If there is a certificate for resignation now, it will be cured. According to this, Hanlu divides public prosecution and private prosecution.
Third, the Spring and Autumn Prison Break. In the Han Dynasty, prison breaks were not only based on laws, orders, subjects, ratios, and chapters, but also prevailed in the Spring and Autumn Period. The book "Spring and Autumn" contains the subtle meaning of curbing the collapse of etiquette and happiness, and maintaining the way of monarchs and ministers, the way of fathers and sons, and the way of husband and wife. According to the spirit of "Spring and Autumn", the interpretation of the law at that time and the guidance of the verdict and sentencing began with Dong Zhongshu. Because the spirit of the Spring and Autumn Period conformed to the legal consciousness recognized by the state and embodied the requirements of safeguarding the Three Guidelines, it was affirmed and advocated by the emperor and became the de facto basis for trial. Dong Zhongshu's "Spring and Autumn Decision" was widely welcomed by the law enforcers at that time, and under the influence of Dong Zhongshu, Er Kuan, Jun Budo and others also "used ancient law to decide doubts". Emperor Zhao of the Han Dynasty once praised Jun Budo for breaking a prison sentence according to the "Spring and Autumn Period": "The ministers of the ministers, you should use the scriptures to understand the great friendship." ”
The Spring and Autumn Decision has long been lost, and from the three or four existing examples, we can see the prominent influence of etiquette on the law. For example, according to the "Spring and Autumn Period", the legal principle of "condemnation of the heart" was established, and "those who are good and violate the law shall be exempted; Those who are evil and conform to the law will be punished", so that the crime will be judged "from time to time to those who are outside the law".
The Spring and Autumn Prison Sentence introduced the spirit and principles of rites into the judiciary and became the basis for judging crimes, not only by introducing rites into the law, but also by substituting rites for the law, so that the Confucian classics were codified. After more than 700 years, it gradually declined in the Tang Dynasty. The introduction of scriptures and prisons was prevalent when Confucianism was recognized as the ruling ideology and the legal system was incomplete, which reflected the deepening of the introduction of rites into the law. In practice, where there is no explicit provision in the law, etiquette shall be the criterion; Those who contradict the law and etiquette shall be punished according to etiquette. With the continuous improvement of the legal system and the comprehensive legalization of the norms of etiquette, the trend of prison sentences in the Spring and Autumn Period finally ended.
Combination of ritual and law. The various channels opened up by the two Han Dynasty to introduce rituals into the law have created favorable conditions for the combination of rituals and laws. From the Wei and Jin dynasties to the Tang Dynasty, the historical combination of ritual and law was finally completed along this route, pushing the history of Chinese law to an epoch-making stage.
After the Wei, Jin, Southern and Northern Dynasties to the Tang Dynasty, China's feudal society entered a prosperous period. Tang Law has become a grand spectacle in terms of structure and content. The combination of rites and law has also reached maturity and stereotype, and it can be said that a complete set of rituals that embody the hierarchical ideology and system of feudal patriarchy have basically been legalized, so that "one quasi-rite" has become a common evaluation of Tang law. Through Tang Law, we can discover the intrinsic connection between ritual and law, experience how ritual is integrated into the law, and can confirm that ritual is the soul of Tang law, and Tang law is the legal expression of etiquette, and the two are complementary and inseparable. As stated in the "Tang Laws and Regulations: Famous Examples": "Virtue and propriety are the foundation of politics and religion, and punishment is for the purpose of politics and religion. "Tang law is a model of the combination of rituals and laws in ancient China, and analyzing Tang law is helpful to learn from the past and the present.
It can be seen that the equality of rites is consistent with the privilege of the law, and the rites and laws complement each other, with the rites as the leading and the law as the criterion; Take etiquette as the connotation and law as the appearance; Immigrate the heart to the subtle with courtesy, and use the law to highlight the good and the evil to the obvious; exaggerate the benevolent government of compassion for the people with courtesy, and exaggerate the fairness of governing the world with law; Reduce the resistance to the implementation of the law with the law of etiquette, and make the ceremony have the authority of the people with the law and etiquette; Morality of the law is made by entering the law with courtesy, and the law is to stop evil and persuade good; Legalize morality with the law and etiquette, and enter the punishment by courtesy. All of this shows that the complementarity of rituals and laws can promote the effective operation of the country, which is the most important tradition of ancient Chinese law and the most distinctive feature of the Chinese legal system.
In the context of promoting Chinese-style modernization, it is necessary to learn from the positive side of the governance strategy of "entering the punishment of rites and honoring the law", realize the practical transformation of the relationship between etiquette and law, and explore the social governance mode that attaches equal importance to the rule of law and the rule of virtue.
The creative transformation of the law of etiquette and punishment, and the solemn ceremony
He Qinhua, Professor, Institute of Legal Civilization History, East China University of Political Science and Law, and Deng Cong, Ph.D. Student, School of Law, East China University of Political Science and Law.
Edited by He Qinhua.
Punishment and solemnity are the unique governance strategies of China's rule of law civilization. It elevates moral principles to the level of law, and even becomes the legal norm itself, which is the embodiment of the political wisdom and legal wisdom of ancient Chinese governance. In ancient Chinese law, etiquette was the essential core of social adjustment, and the application of criminal punishment must be based on morality. The idea of entering punishment for rites and honoring the law has had a profound impact on later generations, and it should still be creatively transformed and innovatively developed today.
The embodiment of the law of punishment and solemn rites in the legislation of the new era. With the in-depth development of China's socialist rule of law construction, the socialist rule of law with Chinese characteristics is forging ahead towards the grand goal of comprehensively governing the country according to law. Historical experience shows that the other laws of the rule of law must be combined with moral self-discipline in order to penetrate into the hearts of the people and prevent the slightest problem from getting worse. In fact, on the road to the construction of socialist rule of law, many practices have been carried out at the legislative level.
The first is to elevate ethics into law. For example, good faith is a moral norm, and in civil and commercial conduct, it is crucial to define the will of the parties. Therefore, China's Civil Code clearly stipulates the principle of good faith in the General Provisions and Contracts (for example, Article 7 of the Civil Code "Principle of Good Faith", Article 142 "Interpretation of Expression of Intent", Article 466 "Interpretation of Contract Terms", Article 509, Paragraph 2 "Principle of Good Faith in Contract Performance", etc.). For another example, serious crimes such as "disobedience" and "unfilial piety" in ancient Chinese society are also clearly continued in the form of legal provisions in China's Civil Code (Article 1067) and the Law on the Protection of the Rights and Interests of the Elderly (Article 14).
Second, the "co-governance of Germany and France" will be implemented in the party's internal regulations. As the essence of China's excellent traditional legal culture, "German and French co-governance" has important value implications for further strengthening the construction of the party's internal legal system and further promoting the governance of the party according to regulations. For example, "morality" means to stand up and stand up in the forefront of the spiritual banner of communists such as ideals and beliefs, rule of law thinking, and party spirit cultivation, and consciously lead the in-depth advancement of comprehensive and strict governance of the party with the idea of goodness and progress. At the same time, governing the party according to rules marks the bottom line of discipline for the comprehensive and strict governance of the party, so that everyone is equal before the law and there is no privilege before the law. In addition, the requirements for strengthening the moral character of Party members are stipulated in specific articles. For example, the "Guidelines for Integrity and Self-discipline of the Communist Party of China" stipulate the "norms of integrity and self-discipline of Party members", "adhere to frugality and abstain from luxury, hard work and simplicity, diligence and thrift", and put forward behavioral requirements for Party members in the form of affirmation. The "Regulations on Disciplinary Actions of the Communist Party of China" stipulate that "violations of social order and good customs" and "other serious violations of public morality and family virtues" should be given "warnings" and even "expulsion from the party" depending on the specific circumstances, which is to reiterate the moral requirements of internal party regulations in a negative way.
The embodiment of the punishment of rites and the solemn rites in the new era of justice. At the judicial level, the key to correctly understanding and applying the law is how to protect citizens' rights, the extent to which the original intention of the law is enacted and the effectiveness of normative governance can be realized, how to deal with the complex and variability of limited provisions and actual cases, and the judicial personnel's examination and weighing of legal principles and reasonableness. In ancient China, under the guiding ideology of "solemn etiquette and heavy law", there were a series of compassionate punishment principles such as caring for the old and the young, "three verticals" and "three forgiveness", retaining relatives and supporting relatives, and begging for review. These principles of compassion and punishment, which integrate etiquette and law (punishment), have also been inherited by contemporary judicial trials. For example, in the case of Lu Yong's obstruction of credit card management and sale of counterfeit drugs, the Yuanjiang City Procuratorate of Hunan Province held that Lu Yong's purchase and assistance to others to purchase anti-cancer drugs imported without approval violated the relevant provisions of the Drug Administration Law, but Lu Yong's behavior was not a sales act, did not comply with the provisions of Article 141 of the Criminal Law, and did not constitute the crime of selling counterfeit drugs. Lu Yong's act of purchasing three debit cards with other people's identity information online and using one of them violated financial management regulations, but its purpose and use were entirely leukemia patients paying for self-medication to purchase anti-cancer drugs, and only using one of them, the circumstances were obviously minor and the harm was not great, and according to the provisions of article 13 of the Criminal Law, it was not considered a crime. In accordance with the relevant provisions of the Criminal Procedure Law, a decision was made not to prosecute Lu Yong. This case attaches great importance to the consideration of subjective motives and practical effects, and is regarded as a typical rule of good law.
The significance and value of courtesy and punishment and solemn etiquette and law in the comprehensive rule of law. At present, in the context of promoting Chinese-style modernization, it is necessary to inherit the excellent traditional Chinese legal culture, learn from the positive aspects of the governance strategy of "exalting rites and criminals, and honoring the law with honors" in Chinese history, realize the practical transformation of the relationship between etiquette and law, and explore a social governance mode that attaches equal importance to the rule of law and the rule of virtue.
On the one hand, it is necessary to abandon the backward concept of etiquette and law in the tradition of "exceedance and punishment, and solemn etiquette and heavy law", abandon the idea of privilege under the status hierarchy of the same crime and different punishments, break the backward consciousness that the law is only a means to maintain etiquette and religion, and propagate the modern concept of equality and freedom of the rule of law. On the other hand, it is necessary to absorb the beneficial experience of the tradition of "exceedingly exceeding, punishing the law, and honoring the law", give play to the role of moral education, and promote citizens to consciously abide by the law. In addition, in the blood-based system established by "Li", the humanistic and moral concepts that focus on family unity and parent-child harmony can still be used as a reference in the construction of modern rule of law, so as to attach importance to the role of the family, so as to realize the harmony of small family units and promote the rationality and law-abiding of the whole society. For example, in recent years, the promulgation of laws such as the Law on the Promotion of Family Education, the Law on the Protection of the Rights and Interests of the Elderly, the Law on the Protection of Women's Rights and Interests, and the Protection of Minors** are seeking the coexistence of the geographical standard and the blood standard under the legal system.
In today's construction of the rule of law in socialist modernization, it is necessary to explore the specific implementation mechanism of the combination of the rule of law and the rule of virtue, abandon the traditional concept of courtesy as the foundation and law as the use, let morality and law be connected as an inseparable whole, and make concerted efforts in the process of social governance. Moral norms should provide a moral basis for legal norms, and legal norms should provide guarantees for the implementation of morality. On the one hand, moral education highlights the connotation of the rule of law, cultivates citizens, especially leading cadres, their belief in the law, the concept of the rule of law, and their awareness of rules, and creates an atmosphere conducive to the implementation of the law in the whole society. On the other hand, legal norms can fix the core socialist values, socialist moral principles, and basic moral norms in the form of legal provisions, such as "public order and good customs" and "customs that are not provided for by law, may be applied to customs" and so on into law is a good example, so as to highlight the moral bottom line of the law and give full play to the value of morality in good law and good governance.
"Emphasizing the law is a nuance, and the law is strictly enforced", not mechanically requiring that the rites and the law be completely corresponding in application, but emphasizing that the rites and the law are different and unified. In the traditional legal culture, etiquette is the guidance and source of law, and any legal system must be supported by the spirit of etiquette to legalize the norms of etiquette. In the new era, in the construction of socialist rule of law with Chinese characteristics, it is necessary to extract the essence from the rough, actively learn from the beneficial elements of the legal tradition of "exalting rites and criminals, and honoring the law", realize the realistic transformation of the relationship between etiquette and law, establish the modern concept of equality and freedom, adhere to the dominant position of the law, base itself on the actual construction of the rule of law, and realize the creative transformation and innovative development of the relationship between etiquette and law.
Under the influence of ritual law, traditional Chinese legislation is integrated with prevention and punishment.
1. With the characteristics of combining the treatment of symptoms and the root cause, the Chinese civilization of the rule of law also presents the distinctive characteristics of "civilization of etiquette and law".
Punishment for rites and solemn rites and the emphasis on the law are the prominent characteristics of China's rule of law civilization
Editor: Wang Bintong, Executive Dean and Associate Professor of the Institute of Chinese Law and Legal Civilization of Northwest University of Political Science and Law.
Punishment of rites and solemn rites are the distinctive characteristics of the Chinese legal system and the Chinese civilization of the rule of law. As early as the Western Zhou Dynasty, the Duke of Zhou put forward the strategy of "etiquette, music, politics and punishment, and comprehensive governance". Under the combined effect of ritual law and other measures, the Zhou Dynasty achieved remarkable governance results. "Shangshu Da Biography" said: "The regent of the Duke of Zhou, one year to save the chaos, two years to conquer Yin, three years to practice the dying, four years to build the Hou Wei, five years to camp into the Zhou, six years to make the rites and music, seven years to the government to become the king." Since then, the punishment of rites and the solemn ceremony have profoundly influenced the construction of the legal system in ancient China. Since "the rite is forbidden before the future, and the law is forbidden after the already happens", the traditional Chinese legislation under the influence of the ritual law is integrated with prevention and punishment.
1. With the characteristics of combining the treatment of symptoms and the root cause, the Chinese civilization of the rule of law also presents the distinctive characteristics of "civilization of etiquette and law".
Introducing rites into the law: the inevitable choice of Confucianization of law. "Xunzi Treatise on Etiquette" said that "the etiquette is the great division of the law, and the outline of the class". The core of Zhou rites lies in "kissing" and "respecting", that is, maintaining the national order dominated by monarchy and the family ethics dominated by patriarchy. Based on this, the rite plays the role of distinguishing the noble and the lowly, respecting the lowly, passing through the country, determining the society, transforming the heart, and regulating words and deeds. After Emperor Wu of the Han Dynasty "deposed a hundred schools of thought and respected Confucianism alone", he transformed Confucianism into written law and justice, which became a cause for thinkers and politicians to follow. The six classics return together, and they refer to the ceremony. The Six Classics of Confucianism are based on rituals, which is the consensus of many Confucian scholars in ancient times. Dong Zhongshu proposed the Spring and Autumn Prison Break, and took the Confucian classics such as the Spring and Autumn Period, which expounded the principles, righteousness, spirit, and role of etiquette, as an important reference for judicial trials, and set a precedent for the Confucianization of law; During the Wei, Jin, Southern and Northern Dynasties, the "Eight Discussions", "Quasi-Five Uniforms to Control Crimes", "Official Duties", "Ten Articles of Serious Crimes" and "Retention and Maintenance" were successively incorporated into the law, accelerating the process of integration of etiquette and law; The Sui Law changed the "Ten Articles of Serious Crimes" to the "Ten Evils", and absorbed the achievements of Confucianization of law since the Wei and Jin dynasties, laying the cornerstone for the formulation of the Tang Law.
Virtue and propriety are the foundation of politics and religion, and punishment is the use of politics and religion" is an important legislative principle followed by Tang Law, and the exquisite legislative technology, superb legislative level, and complete legislative content of Tang Law show that the introduction of rites into the law and the completion of legal Confucianization and Confucianization of law reflect the full confirmation of the legislation on the confluence of Confucianism and law and the common governance model of morality and law since the Western Han Dynasty, so that "one quasi-courtesy" has become the basic evaluation of Tang Law by the world. Looking at Tang law, "Zhou Liyun", "Yili", "According to Li" and "Quasi-Li" frequently appear in the discussions, especially with the "Five Punishments", "Eight Discussions" and "Ten Evils", which shows that the guidance of etiquette on the basic principles and systems of law also reflects that Tang Law takes etiquette as the center and takes the monarchy, hierarchy, and patriarchal system as the pillars, and constructs a traditional Chinese legal theory system. Since then, the legislation of successive dynasties has been based on the Tang Law, and the conviction and sentencing have also been "inconsistent with etiquette". Etiquette is incorporated into the law, the law is moralized, and the people-oriented, benevolent government, and moral education are realized in the judiciary, reducing the resistance to the application of the law; The law is used to clarify etiquette, so that morality is legalized, and order, ethics, and values are manifested in legislation, which increases the authority of morality. The two should work together to maintain social harmony and stability and the country's long-term peace and stability.
Courtesy outside the law: the compilation and evolution of the rituals of the past dynasties. It is an important law for the development of ancient Chinese law to respect the law, and to follow the rules and regulations of etiquette and etiquette in parallel. From the "Historical Records" to the "Qing Historical Manuscripts", there are "Book of Rites", "Records of Rites" or "Records of Rites" and "Records of Etiquette" in the official histories of various dynasties, and they are ranked before "Criminal Punishment Chronicles" and "Criminal Law Chronicles". "Zuo Chuan: The Sixth Year of Zhao Gong" records that "Xia had a chaotic government, and Yu was punished." Shang has a chaotic government, and he is punished by soup", echoing it, "The Analects of Politics" says that "Yin is due to Xia Li, and the profits and losses can be known; Zhou is due to Yin Li, and the profit and loss can be known. It may be the successor of the Zhou, although it is a hundred generations, it can be known". The existing "Zhou Li", "Rites" and "Rites" are collectively known as the "Three Rites", which are the theoretical form of ancient Chinese ritual and music culture, and are also the authoritative classics of the ancient ritual system. In particular, "Zhou Li" is the first book in China that systematically and completely describes the establishment of state institutions and the division of functions, with grand ideas and rich contents, outlining the top-level design of the ancients for governing the country. Confucius's "self-denial and retribution" is the ideal of restoring the rule of etiquette and pleasure affirmed in the "Zhou Rites". Later generations respected Confucius as the "most holy" and Zhou Gong as the "Yuan Sheng", which shows the influence of Zhou Gong on Confucius. "The Great Dai Li Ji Shengde" spoke highly of the division of duties of the six officials of the "Zhou Li": "The ancient imperial government to rule the world, the official of the tomb to become enlightened, the official of Situ to become virtuous, the official of Zongbo to become benevolent, the official of Sima to become holy, the official of Sikou to become righteous, and the official of Sikong to become a courtesy." ”
After the Zhou Li", the successive dynasties revised the canonical system, and they all respected it. After the unification of Qin, the court etiquette was established based on the old rites of the Six Kingdoms, and the etiquette was formulated for the "position of the ministers" in the early Han Dynasty. During the Wei and Jin dynasties, the practice of etiquette and law became the basic style of scholars, and thus there was the Western Jin Dynasty Xunyi's "New Rites" compiled, the content of which was divided into five rites according to auspiciousness, fierceness, guests, military and Jia, and it was the first time since the Qin and Han dynasties that the "Five Rites" system of "Zhou Li" was constructed. From the Northern and Southern Dynasties to the Sui and Tang Dynasties, almost all countries carried out ritual making activities, especially the Tang Dynasty's "Kaiyuan Ceremony" was highly respected by the world. The Kaiyuan Ceremony consists of 150 volumes, including 3 volumes of prologues, 75 volumes of auspicious rites, 40 volumes of Jiali, 2 volumes of guest rites, 10 volumes of military rites, and 20 volumes of fierce rites. It not only scientifically summarized the etiquette system and etiquette of the previous dynasties, but also had clear regulations from the emperor and queen nobles, hundreds of officials and ministers, to the common people, making the "Kaiyuan Ceremony" a ritual for the whole country. What is even more commendable is that the "Kaiyuan Ceremony" laid the paradigm of later generations such as the Song "Kaibao Tongli", the Yuan "Taichang Jili", the Ming "Daming Jili", and the Qing "Daqing Tongli", and also used it as a reference for Silla, Japan and other countries, so that the glorious and developed Tang Dynasty scene was not only admired by the surrounding countries, but also enabled the countries to achieve the development and progress of civilization in the process of learning the Tang Dynasty's ritual system, so that the Chinese legal system exuded an open, confident, and inclusive charm.
Rites into the countryside: local legislation and norms for the inheritance of rites. As a norm for governing the country and securing the people, the purpose of etiquette is not only to standardize the relationship between monarchs and ministers, but also to use morality to standardize people's customs, and establish a social order of father, son, filial piety, brotherhood, friendship and brotherhood, so as to achieve social harmony and prevent hidden dangers before they occur. "The Book of Rites: Interpretation of the Scriptures" says: "Etiquette is also for Zhengguo, Ju is for weight, rope and ink are for straightness, and rules are for Fangyuan." ......The way of respect is also, so to Fengzong Temple is respectful, to enter the court is noble and low, to the family is father and son, brother and sister, to the township is the young and orderly. It is precisely because etiquette penetrates into the lives of the people that "makes people move away from sin without knowing it", so the people of the world are committed to eliminating the phenomenon of rudeness: "If the rite of faint marriage is abolished, the way of the husband and wife will be bitter, and the sin of adultery will be many." If the ritual of drinking in the township is abolished, the order of the young and the old will be lost, and the prison of struggle will be complicated. With the development of ritual and law civilization, the essence of etiquette is also widely reflected in local legislation, township rules and conventions, and customs and habits, so that there is a deep grassroots foundation for the punishment of rites and the solemn ceremony and the law.
Due to the vast territory of ancient China, local legislation represented by "doctrines", "treaties" and "provincial regulations" emerged in an endless stream in the past dynasties, and its content was often based on the combination of national etiquette and law and governance experience, customs and people's customs, and governance needs, involving all fields of social life and government affairs management, and the characteristics of attaching equal importance to etiquette and law in legal texts are very obvious. As for the township rules and conventions, as a social norm that can better reflect the local customs and family ethics and realize the ideal of "self-cultivation and family" of Confucian scholars and doctors, its role in inheriting the ruling will of the state and the living order of the people has gradually been brought into play, and then it has been supported and advocated by the government. In particular, the "Lü Township Covenant" written by the "Lantian Silu" in the Song Dynasty taught the people to "persuade each other with virtue and industry, follow the rules of fault, intersect with etiquette and customs, and sympathize with each other in adversity", which not only outlined the blueprint for Confucianism to build a rural autonomous order with virtue and etiquette, but also reflected the mutual influence of the national etiquette code and local customs in the Song Dynasty. During the Ming and Qing dynasties, some local legislation adopted the content of the more influential township rules and conventions, which elevated the experience of grassroots governance to legal wisdom, and realized the benign interaction between folk norms and national etiquette and law, so that the Chinese rule of law civilization presented a vivid situation of mutual harmony and integration of etiquette and law.
This article is the research result of the special project of Northwest University of Political Science and Law "Promoting the Excellent Traditional Chinese Legal Culture (YJWH200304)".