From the viewpoint of history, there are changes of dynasties in ancient China, yet the main components of ancient national governance systems never disappear and have been continuously developed and improved in the long history. Throughout thousands of years of the development of civilization, the Chinese nation has accumulated rich experience in governance and management of the country, and many of its ideas and wisdom of which has integrated into the cultural blood, which emerged as the internal gene and bright sign of our national governance systems. They have been passed down from generation to generation and upgraded itself, displaying strong vitality. Aphorisms from the Ancient Chinese said that “It is better to use ancient ideas for today’s reference, for without the past there is no present”. Guanzi is a fundamental law for politicians in pre-Qin Era to maintain the state rightly and make all peaceful. As a pioneer of the Legalist School, Guan Zhong was the first to put forward the idea of run state affairs according to law. As the main representative of enlightened innovators in the Spring and Autumn Period, he advocated the combination of “Tian Dao” and law, the reform of old rituals and the creation of new laws, and the use of law to rule the government, applying both law and rituals, and using legal means to promote military, administrative, and commercial policies, so as to promote the enrichment of the country and the strengthening of the army. The Qin and Jin Legalists, represented by Han Fei and Shang Yang, have been regarded as the masters of Chinese Legalism, while the significance of Qi Legalism, represented by Guan Zhong, has been underestimated in the history of thought. The book Guanzi, on the other hand, focuses on the Qi Legalist thought represented by Guan Zhong. In the case of Guanzi, the ancient Chinese classic book, this chapter explores the ancient Chinese idea of the rule of law as presented in the book and the translation and Spreading of the Guanzi, so as to learn from the past and guide the present. In this way, on the one hand, it is conducive to inherit Chinese traditional legal thoughts and provide ideas for China’s modern rule of law construction at the levels of legislation, law enforcement, justice, and law-abidance, and on the other hand, it promotes overseas Spreading of traditional Chinese rule of law ideas and facilitates the exchange of the rule of law between China and the West and contributes to the shaping of China’s objective, true, and three-dimensional image of the rule of law in the international community.

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Extraterritorial Spreading of the Source of Modern Legal System

  • Xiaobo Dong,
  • Yiran Luo

摘要

From the viewpoint of history, there are changes of dynasties in ancient China, yet the main components of ancient national governance systems never disappear and have been continuously developed and improved in the long history. Throughout thousands of years of the development of civilization, the Chinese nation has accumulated rich experience in governance and management of the country, and many of its ideas and wisdom of which has integrated into the cultural blood, which emerged as the internal gene and bright sign of our national governance systems. They have been passed down from generation to generation and upgraded itself, displaying strong vitality. Aphorisms from the Ancient Chinese said that “It is better to use ancient ideas for today’s reference, for without the past there is no present”. Guanzi is a fundamental law for politicians in pre-Qin Era to maintain the state rightly and make all peaceful. As a pioneer of the Legalist School, Guan Zhong was the first to put forward the idea of run state affairs according to law. As the main representative of enlightened innovators in the Spring and Autumn Period, he advocated the combination of “Tian Dao” and law, the reform of old rituals and the creation of new laws, and the use of law to rule the government, applying both law and rituals, and using legal means to promote military, administrative, and commercial policies, so as to promote the enrichment of the country and the strengthening of the army. The Qin and Jin Legalists, represented by Han Fei and Shang Yang, have been regarded as the masters of Chinese Legalism, while the significance of Qi Legalism, represented by Guan Zhong, has been underestimated in the history of thought. The book Guanzi, on the other hand, focuses on the Qi Legalist thought represented by Guan Zhong. In the case of Guanzi, the ancient Chinese classic book, this chapter explores the ancient Chinese idea of the rule of law as presented in the book and the translation and Spreading of the Guanzi, so as to learn from the past and guide the present. In this way, on the one hand, it is conducive to inherit Chinese traditional legal thoughts and provide ideas for China’s modern rule of law construction at the levels of legislation, law enforcement, justice, and law-abidance, and on the other hand, it promotes overseas Spreading of traditional Chinese rule of law ideas and facilitates the exchange of the rule of law between China and the West and contributes to the shaping of China’s objective, true, and three-dimensional image of the rule of law in the international community.