"Zhou Li" is Chinese feudal society "constitution"

   "Zhou", also known as "Li Jing" or "Zhou Guan Jing", is the earliest extant in China a feudal dynasty law code, which the Royal bureaucracy and the Warring States period, the relevant system, according to Confucianism and. The book is a "day Guan Zhong Zai", "Stuart officer", "spring", "summer suit, a surname horse", "autumn", "lawsuit lawsuit Kou winter air" in six articles. It is a product of the Duke of Zhou "rites and music", but in fact is the Warring States period works. Here the so-called "ceremony", refers to the social norms and moral norms of maintaining the feudal rank order. Confucius advocating etiquette, requirements, princes, Qing emperor, the doctor, and all rulers to fame, abide by the code of conduct their own, to rule the people better, "the gift, then people easy to treat"; also asked the ruler of the people with the Qi, to obey the official governance, security class people coexist.

   "Zhou Li" and "book of Rites", "ritual" (seventeen articles, the Warring States period in ritual assembly, is "supplement" the rites of Zhou), are the feudal etiquette, classic, "Sanli", can be collectively referred to as "Zhou", since the Tang Dynasty began as a basic subject of the imperial examination, for nine in the three chapter. To the Song Dynasty, "Zhou", "interpretation" of the "book of rites rites" by Zhu Xi regroup and praised highly, become one of the classics of Confucianism, as the examination subject. Its contents are "Qu Li", "bow", "Wang Tan system", "home", "Li Yun", "learning", "music" in forty-nine articles.

   "Zhou Li" and "etiquette", "book of Rites" of the main spirit is to maintain the feudal state system and government system, guarantee the feudal patriarchal domination of the long period of stability. Previous scholars on the "super stable structure" in China two thousand years of feudal society, mostly from the family of small business and traditional culture to find the reason, denied that the spirit of the legal system, with the "rule of man" to include all content of feudal autocracy. The author in the operating mechanism of the feudal society, found in its two thousand years of frequent change of Dynasty, regardless of the contrast, and even some idiot and baby power, if not the deliberate destruction of the feudal dynasty legal system, can according to routine operation; only in those too cruel dote, Quan Chen coveted the throne, intentional destruction Dynasty legal system, disrupt asatsuna, will appear on the political crisis and social unrest. Such as Qin crafty Zhao Gao openly at class deliberately misrepresent, Suiti promiscuous officer ting and ravaged world, Dong Zhuoji Cao, Sima's powers against them, Wang Mang's "taking" farce, internal differentiation resulted in great disorder under heaven. Then the feudal lords vying for the throne, the recovery system, clean up the hearts of the people, the world. Including the minority regime in the Central Plains, are trying hard to promote the ritual, and for the "Zhouli" the ritual spirit. Such as the Qing the Imperial Palace piandian "one working for the world," the world in one "couplets, is the etiquette norms. The emperor's words and deeds out of "rites of Zhou", the subjects can use voice. To "Zhouli", "Rites" and "book of Rites", what constraints the emperor? What constraints Quan Chen? Some people say, is dead, people are living, Zhou can be not so. As one of the same surname not marriage, his father feel irreconcilable hatred for sb., and its evolved Sharenchangming, Qianzhaihuanqian creed, in modern society still has a major impact on. Therefore, "Zhou Li" and subsequent "Rites", "book of Rites", with the feudal dynasty "fundamental law" in nature, is China's feudal society, "the constitution".

   With the Millennium unchanged clanlaw "constitution", be in so much change dynasties, the basic system of the new dynasty's "New Deal" and dynastic integration. As Confucius "Yuyu Hu Bunya, I from the week" and the Han Dynasty Confucianism after the Qin system, Qing Cheng Ming system etc.. The Yuan Dynasty in the Central Plains to the world, a period of strong implementation of nomadic tribes of the production system and the implementation of ethnic discrimination and political system, the reform is gradually to the "rites of Zhou", "Rites" and "book of Rites" specification together, and a sealing Saint King precedent, but eventually because of system is not smooth the overthrow of the emerging powers. Reform the feudal history also is such. The Empress Dowager Ci Xi was forced to issue of "imitating the constitutional", touched the patriarchal clan system of "fundamental law", It is all up with that of the Qing dynasty. The famous Shang Yang method and Wang Anshi method, Zhang Juzheng method in history, most of the land, taxes, the easy, incentives Ligeng war, fundamental law did not touch the dynasty "". Stability of this kind of "fundamental law" and the policy measures in different political operation mechanism, is the effective guarantee system of feudal society "super stable structure", has a great influence on the western modern constitutional system and. If the British civil service system, is established based on absorbing the ritual system and the Sui and Tang Dynasties in ancient China's imperial examination system.

    The modern western bourgeois constitution first began to appear on the political scene in England in the seventeenth Century bourgeois, is formed gradually by confirm some laws, practices constitutional system, namely the unwritten constitution; eighteenth Century America and the bourgeois revolution in France after the victory, the so-called "written constitution". After the October revolution of Russia in 1918 formulated the first socialist constitution; China's establishment of a new constitution in 1954 Chinese.

     The constitution is the fundamental law of the state, usually stipulate that the social system of a country, state agencies, citizen's basic rights and obligations. The essence of the constitution is not only the provisions of the people's should do, more important is the provisions of rulers should do; not only requires the people to obey the constitution, also asked the ruler to abide by the constitution. People not from the constitution is to be punished by the law, violating the constitution presents various rulers:

    One is free to amend the constitution, use. As the life of Sun Zhongshan advocating constitutional, also want to "provisional constitution" tenure constraints on Yuan Shikai. Yuan "oath" after the inauguration, immediately revised "provisional constitution", the president can not only get tenure, but also borne sons; and as a Middle Eastern countries the Constitution stipulates that citizens above the age of 35 to run for president, a year when he was a presidential trip encountered the crash died suddenly, as successors training son was only 30 years of age, class and can not meet, the solution is to amend the constitution, the constitution of the 35 year old seniority modified for 30 years. These practices are in violation of the constitutional principle of use.

   The second is to persist in one's old ways, the constitution placed to one side, and finally to a cut one's feet the Procrustean bed. As the cultural revolution not according to constitutional procedure down President, amend the constitution simply to not let the president of state; after the death of Chairman Mao put aside the constitution procedure arrest "Gang of four", has a performance trial, sentenced to death, Zhang Jiang; since the third plenary session to the so-called "ocean" and "" do not understand the military "to lift China sb. All posts inside and outside the party, all give us the people left pondering space.

    The third is "just do not say", to do more, or to talk, issued a document form to replace the constitution, constitution should be ratified afterwards.

   It is worthy to note, there are a lot of "reform" measures, is to break through the constitutional framework to dry after the law, and some people even wrote "shouting:" is the way to reform"......

    The fourth is completely out of the original constitution, eventually destroy the original constitution. Such as the Taiwan independence elements on the island of Taiwan throws independence agenda is a flagrant violation of the "Taiwan constitution" behavior, if succeed, the "constitution of Republic of China" will be completely abandoned; and as the Japanese authorities to arms expansion, troops overseas, by force to intimidate neighbours, and even engage in nuclear blackmail, the "Peace Constitution" a few into a mere scrap of paper. The former Soviet Union and Eastern European socialist countries "experience to amend the constitution" the more painful. This is the root cause of the political upheaval of countries and regions.

    People used to think the constitution is the product of the democracy system, no constitutional feudal autocratic monarchy? Music system is not the Constitution? No one has been discussed. "Zhou Li", "Rites" and "book of Rites" has more system specifications and the social construction of the ideal goal, a "Chinese" social norms, control measures are of high authority. Such as "book of Rites", Wang Zheng "book of Rites", "book of rites." little instrument records state institutions and the emperor, officials, people's behavior standard, will have "severe law four Zhu"; and as the "book of Rites" in the Confucian ideal of Liyun "the whole world as one community" "Datong" society in a typical description, paper also proposed to "live in Great Harmony" and "off" rule, is the initial stage before entering "the whole world as one community" "Datong" rule; again, "book of Rites" Qu Li of nobles have official not private, Gong Ting silent women behavior etiquette social norms, "book of rites on order" of 12 months a year for each month of the Every order is executed without fail. These characteristics bring peace and stability to the country and has good public order and the fundamental law of the state.

    According to the author, the monarchy and democracy in different ways at the summit produced and tenure on the outside, in the operation of power is no big difference. Such as the monarch of the levee and the prime minister's cabinet meeting was Zhong Bo, imperial edict promulgated and heads of state of the stage, around the xuanzhi and convey the file, have the appropriate procedures. Democratic president to be constrained by the constitution, the autocratic monarch has not imagined, do whatever you want, also has its specific restriction mechanism. Such as Confucianism fetter, etiquette, custom, the constraint of morning decree issued procedures, censor to monitor, said officer to dissuade, "ghosts", "better living" records are also means. The non judgmental basis is the "rites of Zhou", "Rites" and "book of Rites" norms, violates the person Jian, "three remonstrance to ran", namely, quit, is now the equivalent of "power"; if the monarch such as road, become the autocrat and traitor to the people, also can hang the people cutting crime, a logging road.

    Chinese throughout the two thousand years of feudal society, although the various dynasties made some specific legal system, administrative and political system in the history of changes is large, such as six official court "" and "Sangong Jiuqing system" for the evolution of the three provinces and six ministries, a prescription is for the evolution of Imperial examination and so on, but the "rites of Zhou", "Rites" and "book of Rites" principle has not changed, can not deviate from the. Such as the patriarchal clan system and grade system, from the emperor to the behavior Standard Liege, shall follow the rites of Zhou specification. This is the feudal dynasty politics two thousand years enduring fundamental political measures.

    The establishment of feudal system connected with the feudal ideas are quite interesting, in the feudal history of more than two thousand years, the theoretical system of it has not put out a "sage", but held two Born Under A Bad Sign "suwang" ideological masterpiece, namely be scholar Kong Meng's thoughts, as the feudal class after the ruling thought; the "rich and development", nor is it a wise monarch, such as Tang Taizong, Tang Xuanzong, Qian Long and so on, is not only the leader, also like to show off literary skill, but no one said he thought the new Confucianism doctrine, but by the University Dong Zhongshu, Cheng and Zhu Xi bear "the enrichment and development of" mission, and its status is, "justice" and "focus". The emperor is only responsible for the "inheritance" and "road", namely, look down from a height of canonization and respected for its. The rulers and the "scholars" class "against" all have the responsibility, the motto is "the same day, the Dow has not changed". It may also prevent "an effective measures that".

    Some of the above things are not stale, in some western countries of the superstructure can see its shadow. Such as through Rousseau, Montesquieu's "natural rights", "separation of the three powers" the spirit of the French "constitutional", claimed to safeguard human rights and political USA constitution, two hundred years has been look up to as the standard, not only will exist as a bourgeois regime of legal and moral, regard it as even stick waving everywhere in the whole all over the world. The principle of legality and the principle of the dynasties come down in one continuous line, for our socialist society "rule of law" provides a useful reference.

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