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The “De ruler of punishment” is the correct statement: The new interpretation of Dong Zhongshu’s criminal relations thinking
Author: Li Dejia (postdoctoral fellow of the Chinese Academy of Political Science and Law, Ph.D. in law)
Source: “Hengshui Academy News” Issue 2, 2017, authorized by the Confucian Network
Time: Confucius was the 2568th year of Dingyou Puyue, Guiyou
Jesus June 15, 2017
Abstract: “Virtue is the main force of punishment” is the comprehensive and summary of the modern academic community’s thinking on the relationship between morality and punishment. This thinking is often considered to be derived from Dong Zhongshu, a major scholar in Donghan. However, the saying “Dezhu is the master of punishment” is not as good as a sentence introduction: Marriage first and love later, the warm and cool little sweet articles are sure to combine Dong Zhongshu’s thinking on moral and punishment. Dong Zhongshu proposed the political decree of “responsible for morality but not punishment” against the illicit policies brought about by Han’s “punishment” in the Qin Dynasty. Dong Zhongshu’s initiative to propose that “respond to virtue but not punishment” was to seek the implementation of Confucian “moral governance” at the level of social governance. The relationship between virtue and punishment is based on the essence and use, not the main and the main. Since Emperor Wu of Han reincarnated and changed, Confucianism’s idea of ”virtue as the basis and political punishment as the basis” has gradually become the mainstream, and has deeply influenced the characteristics of the social management form in the period of the century.
Keywords: Dong Zhongshu; virtue and punishment relationship; virtue and punishment are the main characteristics of the Chinese legal system, and its theoretical creator is Dong Zhongshu, a great scholar in Donghan. However, the word “virtue is the master of punishment and corruption” is not the original word of the predecessors. Dong Zhongshu’s closest expression to this is “virtue is the essence of virtue.” It can be seen that the concept of “virtue is the main force of punishment and punishment” is actually a summary of modern scholars’ thinking on the modern Confucian moral and punishment relationship. In fact, the moral and criminal relations advocated by Dong Zhongshu are not about discussing the influence of moral education and punishment in social governance at the level of criminal policy, or it is more accurate to use the combination of “being moral and not being punished”. The so-called “responsible for morality and not punishment” is a reflection on the “punishment” thought in politics at that time, and thoroughly cleared the bad policies left by the tyrannical Qin Dynasty, and asked Emperor Hanwu to restore the Confucian tradition of “virtue governance”. In Dong Zhongshu’s view, the important content of Ren De is the righteous king. The concepts and guidelines for the rulers to establish political justice should be established first, and they should first establish the morality of the king and the official virtues, and then they can make the morality of the king.And finally, it is to manage the whole country with moral education and teach students. At the same time, Dong Zhongshu also pointed out that the condition of teaching is to treat the sentimental and kind-hearted subject. Teaching cannot be too eager to achieve success or distort humanity, and should be able to achieve humanity.
1. According to the term “virtue is the main force of punishment and corruption”, the lack of thinking of Dong Zhongshu’s deliberate punishment and corruption and corruption and corruption is widely believed in the academic community that “virtue is the main force of punishment and corruption” is the main feature of the Chinese legal system, and its theoretical creator is Dong Zhongshu, a large scholar in Donghan. However, the word “virtue is the master of punishment and corruption” is not the original word of the predecessors. Dong Zhongshu’s closest expression to this is “virtue is the essence of virtue.” It can be seen that the concept of “virtue is the main force of punishment and punishment” is actually a summary of modern scholars’ thinking on the modern Confucian moral and punishment relationship. The academic world first summarized the Confucian thinking on moral and criminal relations in the teaching and science books as “virtue is the master of punishment and criminal relations” and was Yang Dinglie, the founder of the legal thinking and historical science system. Yang Dung Lie listed a special chapter in the fourth chapter of “The Age of Confucian Dominance” in “History of Chinese Laws and Decrees” to discuss the modern Chinese thinking of “virtue is the master of punishment”. Yang Dung Lie’s interpretation of the “virtue is the master of punishment” can be divided into two aspects: from the perspective of management methods, “virtue is the master of punishment” is the main component of Confucianism’s moral governance thinking. It is important to govern the society by “virtue transformation” or “moral education”, rather than governing the society by the rule of law; and from the perspective of the relationship between law and morality, “virtue is the master of punishment” means the confusion between morality and law. The purpose of law is to realize morality, and morality is the more important law. The “virtue is the master of punishment” proposed by Yang Ding Lie has now become a “decision” in the academic world. The so-called “virtue is the main punishment” actually pursues a moral policy that depends on the self-discipline of the ruler, and focuses on moral education. This kind of “virtue is the main punishment” is actually a “governance of morality” theory, which either relies on the moral self-discipline of the rulers or conducts moral education. Such “virtue is the main punishment” actually makes it difficult to explain why modern China, which pursues the “virtue is the main punishment” concept, will have such a developed legal system. Some scholars pointed out when questioning some of the “considerations” in the study of the history of laws and regulations: “When the “History of Chinese Law and Contemplation” of the education and science books regard “virtue as the main principle of punishment” as the main principle of thinking of the Chinese legal system, the education and science books of the “History of Chinese Law and Constitution” positioned the main line of the development of modern laws and regulations on “mainly punishing and punishing”. [1] The mainstream “virtue as the main principle of punishment” in the academic world actually misreads the modern Confucian concept of “virtue” and the thinking of morality and punishment. The “virtue” of modern Confucianism is not the morality that the ancients call, and this has become a common understanding in the academic community. However, some scholars’ interpretations about “virtue is the main punishment” still remain in the relationship between morality and law.
To make the “virtue and punishment” statement proposed by modern scholars to be correct, we must first understand Dong Zhongshu’s thinking on moral and punishment relationships. First of all, it should be confirmed that the concept of “virtue is the master of punishment and punishment” is not Dong Zhongshu’s original words. Dong Zhongshu’s close expression is “Punishment is the essence of virtue.” This expression is only a comprehensive summary of the relative relationship between virtue and punishment, which does not mean that the governance of the country should always be based on virtue and punishment. Secondly, the most important combination of Dong Zhongshu’s relationship with morality and punishment is: whether he or she is morality or not. The key to understanding Dong Zhongshude’s thinking on criminal relations is to interpret his thinking of “responsible for punishment”. By explaining the idea of ”being moral and not being punished”, this article examines the true connotation of Dong Zhongshu’s thinking on criminal relations from the beginning, and then reviews the “virtue is the master of punishment” that deeply affects the legal history community.
2. “Responsible for morality but not punishment”: Dong Zhongshu’s focus on criminal relations thinking
(I) The proposal of the idea of ”Responsible for morality but not punishment”
The international system and thinking between Qin and Han have undergone a earth-shaking change. Qin unified the whole country with the “punishment” of the legalists, and built a county with feudal state. In politics, the national system was built with the focus of “punishment” and severe punishment and legal system. In the end, it became a common grievance and died in the second lifetime.
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