| 方孝孺“民本法治”思想初探 |
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| 引用本文： | 邱玉梅,王喆.方孝孺“民本法治”思想初探[J].时代法学,2012,10(5):32-38. |
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| 作者姓名： | 邱玉梅 王喆 |
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| 作者单位： | 1. 湖南师范大学法学院,湖南长沙,410081
2. 西北政法大学刑事法学院,陕西西安,710063 |
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| 摘 要： | 方孝孺的＂民本法治＂思想是黄宗羲等晚近思想家提出民主法治理念的基础,他结合儒家＂仁政＂理论,主张＂君职＂、＂立法利民＂,这在中国法律思想的发展过程中具有十分重要的意义,是我国当代民主法治建设重要的传统法律文化资源。
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| 关 键 词： | 方孝孺 民本法治 君职 立法利民 |
A Study on Fang Xiaoru’s Thoughts of “Rule of Law Basically by the People" |
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| QIU Yu-mei
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WANG Zhe.A Study on Fang Xiaoru’s Thoughts of “Rule of Law Basically by the People"[J].Presentday Law Science,2012,10(5):32-38. |
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| Authors: | QIU Yu-mei WANG Zhe |
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| Institution: | Zhe2(1.Law School of Hunan Normal University,Changsha,Hunan 410081,China;2.School of Criminal Law,North-west University of Political Science and Law,Xi’an,Shanxi 710063,China) |
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| Abstract: | The thoughts of "Rule of Law Basically by the People" brought up by Fang Xiaoru are the origin of the idea of democrocy and rule of law which was proposed by scholars of late Ming Dynasty,such as Huang Zongxi.Combining the thoughts of "Policy of Benevolence" advocated by the Confucianists,Fang Xiaoru proposed such theories as "Duties of the Emperor" and "Legislation Benefiting the People" in a creative way which is of great significance in the development of legal thoughts in China.Also,it is an important part of traditional legal thoughts for the develpoment of democracy and rule of law in contemporary China. |
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| Keywords: | Fang Xiaoru rule of law basically by the people duties of the emperor legislation benefiting the people |
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