黄宗羲治法思想研究

【作者】 高磊；

【导师】 王成儒；

【作者基本信息】 青岛大学 ， 法律史， 2011， 硕士

【摘要】 黄宗羲的作为清末明初著名的思想家,其思想在中国思想史上占有重要的地位,黄宗羲自幼丧父,早年又投身反清救国斗争,亲身经历了明末清初的时期社会的巨大变革,目睹国家衰败灭亡。他痛定思痛,从朝代兴衰之中总结历史经验,著书立言,对中国古代国家社会进行了深入的研究和分析。黄宗羲以中国文化和历史现实为依托,以儒家哲学为分析手段,在继承前人先哲智慧的基础上,发挥儒家传统文化中的优秀因素提出了“治法”的理论,丰富并推动了中国儒家传统法的发展,并不断创新,将中国古代法律思想提升到了一个新的高度,与同时期西方的法律思想比肩而立,构筑出了中国古代传统法思想通往现代民主法治思想的桥梁。黄宗羲的“治法”思想还对后来的清末资产阶级维新派和革命派均产生了重要影响,是中国近代变革的本土原动力。更多还原

【Abstract】 Huang Zongxi was a great initiative thinker between the end of the Ming and the beginning of the Qing dynasty. He has made outstanding achievement in the History of Chinese Thought. His father died during his childhood, and later he was to join the fight against the Qing Dynasty, he personally experienced the early 17th century great changes in China and witnessed the destruction of nations. Therefore, he concluded dynasties rise and fall among the historical experience, but also of state and society in ancient China, conducted in-depth research and analysis. The thought of Huang Zongxi is extraordinarily significant in the history of traditional Chinese thought. He realitied of Chinese culture and history information to the Confucian philosophy as analytical tools, in succession on the basis of previous wisdom sages, absorbed the best in traditional Confucian culture factors put forward the’zhi-fa’theory. It reached the peak of the Confucian political thought in traditional society. Legal Thought in Ancient China that he would rise to a new level, and let this thought with the same period as good as the Western Legal Thought. The thought of Hang Zongxi built the bridge from traditional legal thought to Modern democratic thinking. His thoughts were also late Qing reformers and revolutionaries had an important impact, is the driving force behind the local change in modern China.更多还原