曾國藩法律思想研究
發(fā)布時(shí)間：2018-10-05 20:47
【摘要】：曾國藩是個(gè)頗受爭議的人物,后人對他的評價(jià)也是褒貶不一,有人譽(yù)其為“中興名臣”;有人貶其為“賣國賊”;但蔣介石、毛澤東等人對于曾國藩這個(gè)人物頗為贊賞。因此,我們需要把曾國藩放在當(dāng)時(shí)的歷史條件下進(jìn)行考察,閱讀其著作中可以看得出來其各個(gè)方面的學(xué)術(shù)思想豐富,其中也有許多的優(yōu)秀的思想值得進(jìn)行我們借鑒,也有糟粕的思想讓我們進(jìn)行思考。 曾國藩所生活的時(shí)代正是清內(nèi)外交困、國弱民貧、政權(quán)危機(jī)四伏的年代,面對這種社會(huì)情況當(dāng)時(shí)許多的學(xué)者為此形成了經(jīng)世治用的思想,曾國藩也是如此,并成為經(jīng)世治用派讀書人的代表。曾國藩法律思想是其經(jīng)世致用思想的重要組成部分。 他認(rèn)為運(yùn)用法來治理國家是保證禮治的需要,主張禮法結(jié)合。曾國藩在“一秉于禮”的前提條件下,提出用“嚴(yán)刑峻法”的辦法來達(dá)到以法治吏,以法治訟,以法治民的目的,通過這種禮法結(jié)合、以法治為主的方法從而可以實(shí)現(xiàn)仁治,天下這樣才會(huì)出現(xiàn)“仁政”。 曾國藩的思想中涉及法律方面的內(nèi)容比較廣泛,在任真隸總督期間他針對于累訟和積訟過多的現(xiàn)象,制訂《直隸清訟事宜十條》、《直隸清訟限期功過章程》;在攻陷南京后,他力降銀價(jià),安排財(cái)政;減征商業(yè)稅,奏停厘金;成立善后局處理善后事宜,公布了《金陵房產(chǎn)告示》保護(hù)私有房產(chǎn)等措施以盡快恢復(fù)南京的經(jīng)濟(jì);在任兩江總都期間,采取措施查處私鹽恢復(fù)淮鹽引地,并對兩淮的鹽業(yè)進(jìn)行了整頓,治理私鹽,以增加清的鹽課的收入;他辦團(tuán)練、創(chuàng)建湘軍,通過改革當(dāng)時(shí)的軍事體制使湘軍成為與太平天國作戰(zhàn)的主力軍,使湘軍成為愛民為本、忠君愛國的仁義之軍,通過以訓(xùn)治軍、以練強(qiáng)軍,最終取得了與太平軍作戰(zhàn)的勝利;在清末弱國無外交的情形下,他從購買洋槍、洋炮開始,創(chuàng)辦了安慶軍械所,成立翻譯館到選派留學(xué)生出國,從創(chuàng)辦軍事企業(yè)開始到全面學(xué)習(xí)西方的先進(jìn)技術(shù)創(chuàng)辦民族工業(yè),其也成為創(chuàng)辦洋務(wù)運(yùn)動(dòng)的先驅(qū)者。 縱觀曾國藩的一生,他始終維護(hù)清工朝封建專制統(tǒng)治作為其根本的出發(fā)點(diǎn),這與他出身于封建小地主階級(jí),受到當(dāng)時(shí)的社會(huì)背景條件的限制,他的一生踐行經(jīng)世致用,從社會(huì)現(xiàn)實(shí)出發(fā),解決一些社會(huì)面臨的實(shí)際問題。本文旨在置身于當(dāng)時(shí)的歷史條件下,考查其法律思想的內(nèi)容以此了解真實(shí)的曾國藩,對他有一個(gè)公正客觀的評價(jià)。
[Abstract]:Zeng Guofan is a controversial figure, and his comments are mixed, with some people calling him "a famous official in ZTE" and "a traitor". However, Jiang Jieshi, Mao Zedong and others are quite appreciative of him. Therefore, we need to examine Zeng Guofan under the historical conditions of that time, and reading his works can see that his academic thoughts in various aspects are rich, and there are also many excellent ideas worth our reference. There are also dregs of thought that let us think. Zeng Guofan lived in an era in which the Qing Dynasty had difficulties in internal and diplomatic affairs, the country was weak and the people were poor, and the regime was in crisis. Faced with this social situation, many scholars at that time formed the idea of managing the world and governing the world, and so did Zeng Guofan. And become the representative of the scholars of the School of Scholars. Zeng Guofan's legal thought is an important part of his practical thought. He believed that the use of law to govern the country is the need to ensure the rule of etiquette, advocating the combination of etiquette and law. Zeng Guofan put forward the method of "severe punishment and strict law" to achieve the goal of "ruling by law", litigation by rule of law, and the purpose of "ruling by law". Through this kind of combination of etiquette and law, the rule of law can be realized mainly by the method of "ruling by law". Only in this way will there be "benevolent government" in the world. Zeng Guofan's thought involves a wide range of legal aspects. During his term as Governor of Zhenli, he formulated the "Ten articles on the Qing Dynasty in Zhili Province" and the "articles of Merit and Merit of the Qing Dynasty of Zhili Province" against the phenomenon of excessive litigation and accumulation during the term of the Governor of Zhenli; after the capture of Nanjing, He worked hard to lower the silver price, arrange for finance, reduce the commercial tax, stop the stone, set up a bureau to deal with the aftermath, and published the "Jinling property notice" to protect the private property so as to restore Nanjing's economy as soon as possible. During his term as the president of the two Rivers, He took measures to investigate and punish the private salt and restore the Huai salt land, and rectified the salt industry in the Lianghuai River to control the private salt in order to increase the income of the salt lessons of the Qing Dynasty, and he set up a regiment to train and establish the Xiang Army. By reforming the military system at that time, the Hunan army became the main force in the battle against the Taiping Heavenly Kingdom, and the Xiang Army became the benevolent and righteous army that loved the people and devoted the emperor to the country. Through training and administering the army and training and strengthening the army, the Xiang Army finally won the battle with the Taiping Army. In the absence of diplomacy in the weak countries in the late Qing Dynasty, he started by buying foreign guns and guns, establishing the Anqing Ordnance Institute, setting up translation houses, sending overseas students abroad, starting from the establishment of military enterprises to the comprehensive study of advanced Western technology and establishing national industries. It also became the pioneer of the Westernization Movement. Throughout Zeng Guofan's life, he always maintained the feudal autocratic rule of the Qing Dynasty as its fundamental starting point, which was related to his birth in the feudal small landlord class and limited by the social background conditions at that time. Proceed from the social reality, solve the practical problem that some society faces. The purpose of this paper is to study the content of his legal thoughts in order to understand the true Zeng Guofan and to have a fair and objective evaluation of him under the historical conditions at that time.
【學(xué)位授予單位】：黑龍江大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：K252
本文編號(hào)：2254821
[Abstract]:Zeng Guofan is a controversial figure, and his comments are mixed, with some people calling him "a famous official in ZTE" and "a traitor". However, Jiang Jieshi, Mao Zedong and others are quite appreciative of him. Therefore, we need to examine Zeng Guofan under the historical conditions of that time, and reading his works can see that his academic thoughts in various aspects are rich, and there are also many excellent ideas worth our reference. There are also dregs of thought that let us think. Zeng Guofan lived in an era in which the Qing Dynasty had difficulties in internal and diplomatic affairs, the country was weak and the people were poor, and the regime was in crisis. Faced with this social situation, many scholars at that time formed the idea of managing the world and governing the world, and so did Zeng Guofan. And become the representative of the scholars of the School of Scholars. Zeng Guofan's legal thought is an important part of his practical thought. He believed that the use of law to govern the country is the need to ensure the rule of etiquette, advocating the combination of etiquette and law. Zeng Guofan put forward the method of "severe punishment and strict law" to achieve the goal of "ruling by law", litigation by rule of law, and the purpose of "ruling by law". Through this kind of combination of etiquette and law, the rule of law can be realized mainly by the method of "ruling by law". Only in this way will there be "benevolent government" in the world. Zeng Guofan's thought involves a wide range of legal aspects. During his term as Governor of Zhenli, he formulated the "Ten articles on the Qing Dynasty in Zhili Province" and the "articles of Merit and Merit of the Qing Dynasty of Zhili Province" against the phenomenon of excessive litigation and accumulation during the term of the Governor of Zhenli; after the capture of Nanjing, He worked hard to lower the silver price, arrange for finance, reduce the commercial tax, stop the stone, set up a bureau to deal with the aftermath, and published the "Jinling property notice" to protect the private property so as to restore Nanjing's economy as soon as possible. During his term as the president of the two Rivers, He took measures to investigate and punish the private salt and restore the Huai salt land, and rectified the salt industry in the Lianghuai River to control the private salt in order to increase the income of the salt lessons of the Qing Dynasty, and he set up a regiment to train and establish the Xiang Army. By reforming the military system at that time, the Hunan army became the main force in the battle against the Taiping Heavenly Kingdom, and the Xiang Army became the benevolent and righteous army that loved the people and devoted the emperor to the country. Through training and administering the army and training and strengthening the army, the Xiang Army finally won the battle with the Taiping Army. In the absence of diplomacy in the weak countries in the late Qing Dynasty, he started by buying foreign guns and guns, establishing the Anqing Ordnance Institute, setting up translation houses, sending overseas students abroad, starting from the establishment of military enterprises to the comprehensive study of advanced Western technology and establishing national industries. It also became the pioneer of the Westernization Movement. Throughout Zeng Guofan's life, he always maintained the feudal autocratic rule of the Qing Dynasty as its fundamental starting point, which was related to his birth in the feudal small landlord class and limited by the social background conditions at that time. Proceed from the social reality, solve the practical problem that some society faces. The purpose of this paper is to study the content of his legal thoughts in order to understand the true Zeng Guofan and to have a fair and objective evaluation of him under the historical conditions at that time.
【學(xué)位授予單位】：黑龍江大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：K252
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