requestId:68499ae072a7d7.05261839.
Contemporary reflection and emphasis on the conflict between the theory of the rule of law
Author: Xie Hongxing (Doctor of Law, Deputy Professor of Jiangxi Financial Law School)
Source: “Tianfu New Review” Issue 1, 2019
Time: Confucius was in the 2570th year of the year, on the 8th day of the 11th month of Jihai, Jiaxu
� The Confucian “Shi Tao” waits for the job, and it is composed of the knowledge, personality, virtue, and quality of the scholars. The Legalist “Shi Tao” waits for the job, which is a good official who is loyal to the emperor, who is just a loyal official, who is just a fierce and virtuous, and who is abides by the law. Traditional China has two points of official positions, “officials are highly respected and lowly”, and “officials are strong and weak”. Most of the commentators blame the fact that the selected officials use lyrics or meaning as content, severely deprive the selection criteria of administrative practice and the intellectual structure of Confucian officials. However, from the most basic point of view, there is no real difference between humanistic knowledge and professional knowledge. The quality, realm, and personal charm of power are used to conduct political theory. Assistance is never under the professional knowledge and skills he has learned; the relationship between professional and personal morality cannot be completely divided, and the professional and personal morality of public personnel is a divergent and organic whole; the system design of the division of official careers and the division of Confucian officials allows Confucian scholars to directly surpass the senior officials to serve as officials, improve administrative training and experience, and finally form a lack of administrative talents and “strong officials and weak officials.” In the contemporary era of the traditional scientific system and political and political forms of information technology, it is necessary to reflect on the traditional pyramid-like power system and its structure, and reform the power team with the “grammatical and official”-style power as the backbone. The integration, communication and mutual complementation of Confucian “Tao of Scholars” and Legalist “Tao of Scholars” can provide this with a kind of thinking.
Keywords: Shidao/Shidao/Separation of official positions/Shidao/Shidao/Shidao/Tradition of Confucian officials/Main diseases
Title notes: This article is a phased result of the National Social Science Fund project “Research on the Management of Inherited Corruption under the Perspective of the Rule of Law” (Editor: 15BFX017).
Strictly requesting quality and controlling the import and flow channels for the public servants of the bureau are currently necessary measures to promote the administration and useful management of the bureau in accordance with the law. To promote the administration and useful management of the authorities according to law and should not only strengthen the exercise of binding powerCaring and making pots also require a batch of voluntary collection. href=”https://twsugarblog.org/”>Inclusive Receive and manage the contract and can actively perform duties and serve the people when receiving the contract. In the new era of comprehensively governing the country according to law and building a law-based bureau, what quality should the bureau’s public officials have? How should the parties and countries select and manage the public servant team? As early as the country’s old age, Confucianism and Legalists’ right to become a new jobIntegrity structure, character cultivation, official role, and law-abiding and use of the law have carried out sufficient discussions and disputes, constructed a basic framework for the theory of traditional rights and legal principles, and put forward many inspiring ideas. The view of the ancients helps to clarify the confusion of the ancients and provide thoughts for answering the above questions. This article discusses this.
1. The Tao of the Scholars and the Tao of the Officials: The Confucian and the Law of the Rights and the Law of the Law
> China’s central authority and authority was established in the Qin Dynasty and developed in the age world. In the age world, social dramas were turbulent, and the common people gained more opportunities to learn and grasp knowledge skills than before. At the same time, “Taoism will be a nationwide schizophrenic”, ① The progress of civilization and social life The recession of career and the fierce competition between the nations have led to the increasingly complexization and specialization of administrative affairs such as the Soldiers and Penalties, and administrative affairs have been divided from a scattered and inclusive gift civilization. All of this makes the right to work and the right to work and the right to work. The emergence of failure has become the main content of the continuous promotion of law-changing movements in various countries. In the “Veteran Controversy”, the new and unsupported social phenomenon of power and professionalization will inevitably attract the attention of the hundreds of schools of thought, especially the Confucian and Legal schools that have taken the responsibility of saving the world. The Confucian and Legal schools are concerned about the new The intellectual structure, character cultivation, and official actions of the urgency set up their own views, and actually constructed their own theoretical systems of their fantasy rights and their established conditions.
(I) The meaning of the intellectual structure of the urgency of the urgency
Confucianism believes that power should have broad knowledge and profound humanistic qualities, rather than just focusing on the professional knowledge required for its governance. Confucianism may not deny that empire professional rights should be familiar with grasping specific business knowledge such as military, punishment, money, etc., but at the same time, it insists that “respectful people are not tools”②, and believes that people are the goal rather than something, The right of the “ruling man” should not be limited by his own professionalism and governance business, but should be “learned in literature and presented to him with gifts”③. “The basic principle of “reforming people is not a tool” means: he is his own goal, not a special skill like something like the world”④. Of course, the professional right group shouldThe remnant and dedicated administrative affairs are generated by the reintegration and specialization of administrative affairs, but individuals who hold official positions should never be decisive to deal with administrative matters that only follow the law. In addition, although professional knowledge such as military, punishment, money and other professional knowledge is necessary for official career, the knowledge level should not be ardent to obtain practical knowledge that can win fame and fortune, nor should it be shackled by professionalism or enslaved by knowledge, but should “ambition on the Tao, benevolence, rely on benevolence, and wander in art” to “learn it and “learning it” and “learning it The super happy attitude of learning from the time is to “help the old and learn the new” and “people don’t know but don’t be worried”. ⑤ focuses on the first and constantly improve, and learn from the general public, integrate and understand, and receive comprehensive teaching to cultivate morality rather than just professional teaching, to achieve self-perfection and transcendence of personality.
On the contrary, the Legalists believe that power must grasp practical knowledge directly related to administrative affairs such as military, criminal money, and no need or learn to grasp “useless” humanistic knowledge such as poetry and gifts. Legalists take it as their responsibility to strengthen the country’s military strength, attach importance to the real utilitarianism directly related to “richness and strength”, such as money and money, criminal troop preparations, and use it as a standard for investigating the “mechanism” and “ability” of officials. What the Legalists call “merit” is the merit of administration; what the Legalists call “power” is the merit of governance. The knowledge that Legalists call effective is the specific knowledge and skills that directly help the rich and powerful military conduct. Legalists believe that this is the knowledge skill that must be grasped as an imperial authority: it is the knowledge skill of knowing words and writing, not the knowledge skill of using literature and law; it is the knowledge skill of communicating the law, not the knowledge skill of negotiating laws and regulations; it is the knowledge skill of being familiar with common people, not the knowledge skill of “big talent and drama” and low-key knowledge. Legalists stopped learning humanistic knowledge that was mainly based on Confucian poetry and prayer, and believed that they were not only useless, bu
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