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Wang Fu-chih economic legal Thoughts

Author: LuJiangNing
Tutor: ZengDaiWei
School: Southwest University of Political Science
Course: Legal History
Keywords: Wang Fu-chih Economic legal system Import tax Land tax Prohibiting Traditional legal
CLC: D909.2
Type: Master's thesis
Year: 2008
Downloads: 128
Quote: 0
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Abstract

Ming and Qing occupies a very important position in the history of Chinese thought, its particularity is that, in the minds of many intellectuals, the alternation of the Ming and Qing Dynasties, is not a simple regime change, but a different culture to conquer the Han civilization. Ming dynasty under the banner of the national revolution, to overthrow the rule of the Mongolian Yuan dynasty, which established. Ming Dynasty own death in interracial. Early Qing Dynasty established many policies are a departure from the traditional Han culture, makes this nationalism humiliation, coupled with not adapt to different cultures. This where is the Han literati of the Ming and Qing Dynasties extreme mental anguish reasons. This is a more painful experience, forcing intellectual search for reasons for the failure of the traditional legal system to reflect. Western academic scholars, Ming and Qing Dynasties intellectual thinking of the traditional legal system within the framework of traditional Confucianism and Western Learning criticism for background. If western learning introduced after the traditional school people talked about the legal system, most of them are in a position similar to the prosecutor or defense counsel, and the critique of the traditional critics is standing in the defendant's point of view expressed. , Zongxi, Gu, Wang Fu-chih intellectual is in a particular historical context, this \era of self-criticism. \Wang Fu-chih is a special group of thinkers. Criticism of the traditional legal system, his attitude is more aloof, more calm profiling. Its arguments do not for a moment the issue, but a comprehensive view of history, to make a more general conclusions. Xiao Gong Huang, Gu deep Correctional Song and Ming authoritarian and disadvantages and Gu Yu the intended correction centralization feudal decentralization of heritage. The Chuanshan argument is not designed to focus attention on the pros and cons of the moment a generation of political evolution of the objective facts. Former is the transformation of the home, the right to think: the proposition, which is almost the language of the case of a scientist or historian. My Country past thinkers and less pure academics. quasi this is concerned, there is no lack of transformation of the Chuanshan academic, it seems, especially in yellow, on top of the Gu. \trying to be in the cross-section of economic legal thought Wang Fu-chih thought, should permit Hsiao insights. Wang Fu-chih economic legal thought, fundamentally speaking, is to try to improve administrative efficiency to reduce the pressure of the people under the premise. The basis of its construction, is a \Land tax and forbidden the Monopolizing (state monopoly) three example only to investigate Wang Fu-chih economic legal system thought. A land system, Wang Fu-chih insights uncharacteristically, the free sale and purchase of the land is considered a historical necessity. He acknowledged that the status of private ownership of land, and advocate that all reforms should be carried out under the premise of the private ownership of land, and the so-called \Second, the tax system, on the one hand, Wang Fu-chih lashed land tax, poll tax in favor of a higher amount. The reason, the focus on shifting the burden to the population above will be attached to the land above. In his opinion, this is to shift the burden of farmers in loafer. His ideal society undoubtedly has a large number of homesteaders society, this society less land tax, the poll tax is heavier, the people from the land and thus will not go in other industries. Specific to history, he is quite appreciated Don rental Yong modulation. In the tax system, on the other hand, Wang Fu-chih fierce opposition exactions. One of the most easy to breed abuses of the taxes to which the traditional tax system is the so-called \a tax. Prone abuses, the main reason is that the absence of a fixed amount, completely subject to the will of the local Executive, non-time racketeer, doing their utmost. Wang Fu-chih this, abhorrence, three aspects of the tax set. Wang Fu-chih think, not mud in the provisions of the paper, but also in practice. To recognize the gap between the theory of tax and the actual tax. So, in order to correctly estimate the burden of the people. Why taxes in history, there is a growing trend? Wang Fu-chih believe that this is a complex tax increasing its integration with the positive tax results. Merged into the positive tax miscellaneous taxes, might have done but for collection, the short term people also have affordable, but in the long run, contains miscellaneous taxes positive tax and the outer but new miscellaneous taxes. This vicious cycle is started from the Don \What are the taxes increase the incentives? And Wang Fuzhi think Chronicles increasingly heavy taxes, fundamentally speaking, is the cost of domination without control. No system of government fiscal spending constraints of traditional society, capable of restricting government spending, often on only the will of the ruler or the psychological bottom line. Ample treasury often challenge this bottom line, lure rulers go to waste wealth through taxes come. Wang Fu-chih not asked the institutionalization of ways to solve this problem, he can only be harping on the same old tune of Confucianism advocates wealth with the people rather than storing wealth among countries. Fourth, in terms of tax collection, Wang Fu-chih think levied levied in kind than the currency, he was opposed to that levied in kind is conducive to China's views that the levy monetary real people favor. Why many low-tax era, state financial constraints, while the burden of the people did not alleviate it? The China wide soil all the people, Wang Fu-chih think, the centralization of reality makes the tax collection and management has become a big problem. Many of the measures are often harsh abuse people not from the positive tax, but place additional miscellaneous fees in the imposition of a positive duty simply naked extortion and corruption. The actual situation is the administrative middle layer share of taxes, resulting in the interests of the tax under is not China, not in the Monarch \Wang Fu-chih advocate reasonable arrangements for the time of the agricultural tax revenue. He believes that tax time is very important due to the seasonality of agricultural production. Reasonable set of tax time, equivalent to a tax cut. V. Prohibiting or national franchise, Wang Fu-chih unequivocally support the national franchise. The main reasons is not focused on the government's finances, but the focus from the needs of the people or fair consideration. Other support from national financial point of focus Prohibiting reason, Prohibiting the bulk of the national income, to support the policy of the country, if to cancel such income, the inevitable will either lead to lack of funding for state administrative Many construction can not be done; or countries are forced to this part of the funding shifted to other taxpayers (mainly farmers), resulting in even more unfair. Wang Fu-chih does not deny that the above views, but he thinks Prohibiting morally worthy. Restraining Commerce, to make up the natural properties caused by the differences of wealth inequality, against local despots forces, to avoid unnecessary competition for people of scarce supplies and so on. Overall, Wang Fu-chih economic legal thinking has obvious contradictions or duality of his support, on the one hand, private property, economic freedom, monetary economy, but on the other light duty land tax advocated the Restraining heavy mouth, these has obvious anti-history characteristics. Wang Fu-chih thought these contradictions is only on the era in which he explained. Criticism within the tradition, therefore, subject to the constraints of traditional. Wang Fu-chih and other thinkers, also subject to their own era, the structure of their own thinking. Wang Fu-chih traditional understanding is profound, but also vulnerable to the constraints of traditional. He obviously can not jump to the traditions of other open heaven and earth, thus causing their own ideological contradictions. But this does not affect his criticism of the profound. If we use these two concepts of \\This is exactly the Wang Fu-chih significance of the traditional legal research.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > China
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