(Jurisprudence Assignment)
Summary of content: This article analyzes the allusion of the King of Shang changing the law of Qin, and puts forward the enlightenment of this historical event on the current cause of legal modernization in our country. . Lord Shang brought the "Book of Laws" that originated from the Wei State into the Qin State. With the support of Qin Xiaogong, he resolutely followed the line of rule of law, changed the bad customs of the Qin State, won the trust of the people, established prestige in the temples, and transformed the Qin State The prosperity has brought practical benefits. Our current legal modernization activities must obtain excellent systems, firmly govern the country according to the law under strong leadership, eliminate bad customs, so that the masses and leadership groups have legal beliefs, and ultimately test whether it brings practical benefits to our country.
Keywords: Shang Jun, rule of law, legal system, modernization
Have we ever stopped the process of modernization? Even in the most decadent and declining era in Chinese history, this pace never stopped. Have we ever lost the rule of law? Even in the most chaotic and declining years of Chinese history, this phenomenon never appeared. We have never given up our efforts to keep up with the times, nor have we ever truly abandoned the rule of law.
The process of Shang Jun changing Qin Fa has very important typical significance. "The Book of Dharma" was originally created by Li Kui, who created it for the State of Wei, but it finally sprouted and blossomed in the country of Qin Xiaogong, who strived to be strong. There's a lot to consider here. The practice of the rule of law was once implemented by Wu Qi in the Wei State, but was eventually annihilated. However, in the Qin State in the West, Wei's "Dharma Scripture" survived in the form of "Qin Code".
The Wei State was once powerful, and Wu Qi was appointed to govern the country and the army with some Legalist ideas. This approach achieved very good results, and the Wei State's army made great achievements in Hexi. , Wu Qi believed that this could threaten Qin and become the overlord. But soon, Wu Qi lost power in Wei State, and all attempts at legal system in Wei State came to an end. In Wei State, the advanced changes in its legal system were just part of a simple attempt and had no special significance. Its people did not regard the modernization of the legal system as the only way out.
The Qin State is different from the Wei State. Qin Jun is more eager to become stronger. We always say that as part of the superstructure, it is based on the economic foundation. This is true, but the will of the powerful is also very important. Without Napoleon, it is difficult to imagine how the six codes of law would have come into being. Qin Jun's desire to strive for strength is reflected in his thirst for talents, and also reflects his cherishment of the system brought by Shang Jun. The monarch's desire to be strong is the primary basis for the modernization of his legal system.
The customs of the Qin State are different from those of the Six Kingdoms of Shandong. For example, in the Qin State, father and son live in the same room. When a son gets married, he can still live in the same room with his parents. However, when Shang Jun implemented legal reforms, he first wanted to forcefully reverse hundreds of years of accumulated habits and change customs. At this time, he did not consider the local resource issues of the so-called rule of law, but firmly followed the established legal system to reform society. The modernization of the legal system is systematic, not fragmented. Shang Jun updated and modernized Qin law as a whole, but did not abandon any part of the mature legal system.
The first thing Shang Jun presided over in the Qin State was to win the trust of the people, making everyone convinced that this reform action was really going to happen. This not only established the trust of Lord Shang, but also established trust for the new law and the entire Qin legal system modernization activities. This action is indeed necessary, because otherwise, any change activity will turn into a farce and make it difficult for the host to control the situation. As an invisible factor, credibility can greatly promote modernization activities at any time.
The second thing Shang Jun did was to establish his prestige that everyone is equal before the law. Although the laws upheld by Lord Shang at that time had unequal contents, he made all the monarchs and ministers of Qin State follow the law, which is commendable. From the crown prince to the head of Guizhou, everything had to be within the framework of the law. Activity. Only with credibility among the people and authority among the nobility could Lord Shang's reform career be carried out smoothly.
Why did Shang Jun die but Qin Fa did not? Lord Shang died because he offended too many people, including the new Lord, and there were too many people in Qin who wanted to die; his suffering was not because there was something wrong with the Qin laws he implemented. On the contrary, Qin's laws were not only very suitable for the national conditions of Qin, but also proved by history to have greatly promoted the development of Qin and laid the foundation for its subsequent unification. The old heroes who opposed the reform and the new king who hated the Shang king Everyone has seen this, and it is precisely because of the practical benefits of the Qin laws he implemented that his career has not stopped.
We are currently making efforts to modernize the legal system. In the process of this effort, it is necessary for us to think about the old traces of the Shang kings changing the Qin law, and there are many useful enlightenments in it.
Li Kui's "Dharma Scripture" was not originally produced by the Qin State, but Lord Shang discovered that it fit in with the desire of a powerful country and brought it to Qin. In the process of pursuing the modernization of the legal system, we can also learn from the established systems of other countries, without worrying about where they come from, who made them, and what country they were made in. We can adopt whatever is beneficial to our progress, otherwise we will inevitably make things behind closed doors. , resting on one's laurels. In today's world, there are many powerful countries, and we are among them. There is no shortage of templates and experiences to learn from. If we do not make full use of this advantageous condition, it will be the greatest disadvantage to our legal modernization cause.
The Wei State tried the rule of law but failed, while the Qin State implemented the rule of law and prospered. In contemporary times, rule by man is neither the mainstream of the times nor an effective way to govern the country. The rule of law is the only path we can take. We must not only follow this path, but also persist in it with firm conviction. We must not worry about anything else. There is absolutely no other exit. If we cannot proceed resolutely and modernize the legal system on which it is based, then we will not have a strong future.
Although we say that the rule of law is a matter for everyone and the whole country, if we look at it realistically, changes in this governance system can only be carried out from the top down. We often require all people to have legal knowledge and awareness of the rule of law, but it will be those in power who make the real changes. Without the efforts of the leading group, the support of the most powerful leaders, and the firm desire of these people to strengthen the country, our legal modernization will be very fragile and will be difficult. And our achievements may also be stillborn. Perhaps the legal modernization we have carried out will not enter the real legal life and become empty talk among a group of scholars and students. Law apart from the ruler does not become law. The cause of legal modernization must be supported and promoted by one or a collective "Qin Xiaogong".
In the process of modernizing our legal system, we will naturally encounter many difficulties. These difficulties will naturally include the resistance of habits and customs. In the face of this resistance, where should we go? Is it to accommodate it, reconcile it, or try to change it? Shang Jun’s method is to forcefully introduce advanced systems. Do we have such ability? We have talked about changing customs for a long time, and talked about changing backward concepts and outdated ideas, but some people regard inherent traditions as "local resources for the rule of law." I think this issue is extremely complicated. We cannot change the entire custom, but we can change some of it. Obvious bad customs should not be retained. Our criterion for distinguishing whether it is vulgar or not should be based on judicial orientation and see whether it will increase inappropriate behavior and illegal behavior. For example, in the Qin Dynasty, the custom of father and son living in the same room could not be tolerated.
For us, the cause of legal modernization must have credibility among the masses and authority among the leadership group. Failure to win the trust of the people is also an important issue in our current legal practice. There are too many laws that are not obeyed, or are ridiculed by the masses, or trampled by the leaders. The laws lack the seriousness they deserve. In this case, we really have no way to modernize the legal system, or even to implement the rule of law. In order to maintain the most basic prestige of the legal system, it does not even have prestige, let alone abstract concepts such as legal concepts. If these two points are lacking, our legal modernization will inevitably go as planned.
As far as the ultimate goal is concerned, the modernization of the legal system is to contribute to our rule of law and to strengthen the country and enrich the people. If there are no practical benefits, all our efforts will be in vain. Even if there are strong leaders, a leadership group and people who believe in the law, and laws that have been applied, if such a legal system does not actually promote our country to become prosperous and powerful, then no matter what, this modernization All careers are doomed to failure. We have acquired advanced systems and modernized our legal system. This is not over yet. We still have to see whether such reforms really bring practical benefits to our country and bring vitality to our rule of law. Only practical benefits can It is the only criterion for the success of our legal modernization cause.