陈亮民生法律思想分析-analysis of chen liangs legal thoughts on peoples livelihood.docxVIP

1 1 2 2 Abstract Chen Liang was the main representative of the Yongkang school，and he was the first one of “Shi Gong Philosophy” in Yongkang. He emphasized strongly that the Southern Song Dyansty should be ruling by “Shi Gong Philosophy”. Attention to the people’s livelihood inherent in Chen Liang’s “Dao” philosophy of emphasis on “Shi Gong” and “Be of use to society”. The ultimate aim of “Making the Course of Nature Existent and the Desire of Human Extinct” for Zhu Xi who was the representative of “Li Xue” was attacked by Chen Liang’s philosophy. “Li Xue” tried to destroy the foundation of Human nature, and its objective was superb human morality. Chen Liang affirmed the inner desire of human nature, he was opposed to vaguely discuss morality, and Chen Liang focused on people’s livelihood, which was clearly its unique products of “Dao” philosophy. The most prominent one was that Chen Liang considered that law was an important means of achieving the people’s livelihood. The logic was as follows: First, he distinguished the people’s livelihood into the concrete one and abstract one, and law was related to concrete aspects of people’s livelihood. Second, he formed his own unique legal concept upon the unique concept of people’s livelihood--the legal view of combining law with people’s livelihood, broke through the traditional concept of criminal law. Third, the construction of legal system correlated with people’s livelihood. First one, the guiding values of legislation was “Legislation to Public”. Second one, the objective of establishment of legal system was “Clear Penalties to Life for All”. The fourth one was that it depend on the role of law making “Private to Public”. The fifth one, the aim of operating the law into society was “Using Law for Public”. As a result, there was an institutional system of protection of people’s livelihood. In this sense, Chen Liang has broken through the traditional path of the solution to the problem of people’s livelihood, complete