论文部分内容阅读
历代开国君主对如何运用法律安邦定国,都有过精心的思考.明太祖朱元璋尤为突出.他的“重典治国”而又标榜“宽厚恤民”的法律思想对明、清两代的立法都有着深远的影响.朱元璋法律思想的渊源一、改元之弊,肃正纲纪.元蒙帝国在农民起义的热火中骤然毁灭的历史事实,使朱元璋有着深刻的认识.明朝初年,地主与农民的矛盾异常尖锐,那些贪而无厌、掠夺成性的地主、官僚、无视连年战争所造成的人民困苦不堪的局面,持势骄恣,凌暴乡里,巧取豪夺.他们这些肆无意惮的贪婪行径,不仅激化了劳动人民同明王朝的矛盾,也直接影响了封建国家的赋税收入,危及了皇权的巩固.朱元璋面对这一严竣的现实,决心厉行“重典治国”,改元之弊,以期源清流洁,官廉俗正,建立一个稳定的封建专制主义中央集权的国家.
The founding monarchs of all previous dynasties made careful consideration on how to use the law to secure their country. The Ming emperor Zhu Yuanzhang was particularly prominent, and his legal concept of “treating the country with a common law” and “tolerant people” had a far-reaching impact on the legislation of the Ming and Qing dynasties The origin of the legal ideology of Zhu Yuanzhang First, the disadvantages of reform, Zheng Zheng Gang Ji Yuan Meng empire in the heat of peasant uprisings suddenly destroyed the historical facts, so that Zhu Yuanzhang has a profound understanding of the early Ming Dynasty, the conflict between landlords and peasants Exceptionally sharp, those greedy, predatory landlords, bureaucrats, ignoring the people caused by years of war caused by the hardships of the situation, arrogance, bullying, clever take their place.These unbridled greed, not only Intensified the contradiction between the working people and the Ming dynasty and directly affected the tax revenue of the feudal countries and jeopardized the consolidation of the imperial power.Ju Yuanzhang, in the face of this stern reality, was determined to carry out the rule of " Clean, honest and honest officials, the establishment of a stable feudal authoritarian centralized state.