丘濬、黃宗羲法思想比較研究

1、學(xué)校代碼：10270 分類號(hào)： 學(xué)號(hào)：142200001 碩 士 學(xué) 位 論 文 丘濬、黃宗羲法思想比較研究 學(xué) 院 ： 人 文 與 傳 播 學(xué) 院 專 業(yè) ： 法 律 史 研 究 方 向 ： 中 國(guó) 法 律 思 想 史 研 究生姓名 ： 商 雛 清 指 導(dǎo) 教 師 ： 施 延 亮 副 教 授 完 成 日 期 : 2 0 1

2、7 年 5 月 上海師范大學(xué)碩士學(xué)位論文 2 Abstract Abstract In the Ming dynasty China has come to dawn of imperial age, Dictatorship against the background of an unprecedented strengthening imperial power increasingly anarchy. Tradition

3、al Chinese monarchy as the core of political system, based on agricultural economic structure and its derivative which composed of four people level set by the impact of the new elements. An unprecedented strengthening i

4、mperial power system with age change became weaker and weaker. Bud of capitalism economic developments strongly shock the Confucian tradition, promoting the emerging class status changes. Changes of social existence have

5、 given rise to against tyranny, a departure from the traditional enlightenment thought germination. This slow and silent changes is that the Ming dynasty in the traditional system of the characteristics of the new elemen

6、ts and its important value as a transitional phase. This article compares with QIUJUN and HUANGZONGXI legal thought as the breakthrough point, sorting out the similarities and differences between the two and try to analy

7、ze the causes, and the theoretical height using the modern jurisprudence paradigm of QIU and comparing with HUANG legal thought. The paper is divided into six parts as follow. The first part briefly introduces their life

8、 and major works. The second part will be from the time background of two thoughts, time background mainly includes political, economic, social and cultural aspects, and from two people because of the close similarities

9、and social culture changes brought by the concrete analysis, two ideological differences. The third part tells two legal thoughts based on the most important theoretical basis and important principles. QIU legal thought

10、is based on the traditional Confucian thought , level of etiquette was under the influence of the Confucian thought, theory of Comprehensive use of moral Etiquette administration punishment the and concept of Confucianis

11、m. Huang built his theory on three basic principles: the idea of evil human nature setting, the differences between private and public, attaches great importance to the industrial industry and commerce. The fourth part w