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Filial Piety and from traditional to modern en

Author: LuCaiJuan
Tutor: YaoRongMao
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Filial Law Tradition Modern Connection
CLC: B823
Type: Master's thesis
Year: 2008
Downloads: 455
Quote: 1
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Abstract

In China's modernization process, the family began to disintegrate, sense of equality rights has been widely accepted, the relationship between the family members tend to equality. Begun to fade as maintain the Chinese traditional culture of filial piety stable social relations and digestion, many of the new generation of young people to treat elderly indifferent attitude, heavy material to meet the light spirit of caring, often seen in injuries and even social pro to kill pro extreme cases. Chinese society to honor their elders, King dear pro fine cultural traditions encountered an unprecedented crisis, weak feelings of the family members, parents and children alienated many older people without due care and attention, which is no doubt an aging population is moving into of further development of the negative. In the introduction, the author talking about a child of filial piety by education, when it comes to filial piety encountered the embarrassing situation of the essence of the national culture in modern society. I borrow the words of Mr. Jiang Qing to express the hope of preserving traditional culture, the historical school representative of Savigny theory support, I asked the significance of this writing, that is a legal method to protect traditional culture of filial piety. In the first part of the thesis, the author focuses on the filial piety of the Chinese traditional culture historic comb. First, recalled the generation of the Zhou Dynasty culture of filial piety and generate initial meaning. The second is that the Spring and Autumn Period, the meaning of filial piety from the Zhou Dynasty respect Zu Jingzong, continue the family line \During this period, filial piety begins by Confucian concern of Confucianism filial piety norms to give a reasonable explanation, the completion of the filial piety from religion to morality, from the clan ethical to the transformation of family ethics. Discussed since the Han Hyo ruling class use of ethics to the principles of governance, in order to the Filial Piety become dynasties of rulers prevailing slogan, a means for rulers to maintain their rule order. At the same time, to shew piety way towards extreme and ignorance, filial piety began alienation. Stated since the late Qing Dynasty, filial piety to survive in the cracks of criticism and maintenance. \However, after the founding of New China, the Neo-Confucian culture of filial piety rational thinking and argumentation, given the filial piety with a high rating and that of filial piety in modern society, there is still the essence of their value, filial piety is the use of integrated innovation and re-conversion the. Marxism also repeated demonstration, concluded that Chinese filial piety has its space, and to determine the basic principles of socialist filial piety filial piety. Summary part, I believe that the ceremony is completed the connection of filial piety in traditional society, filial piety and of the unity of the ritual system has a huge impact on traditional Chinese society. In the second part of the paper, the author first of all that the family has three functions: fertility, economic and educational, these three functions directly determine the formation of the three norms of filial piety, family line, the things pro adoptive parents and King pro Wyatt pro. It is the consistency of the three functions essentially three norms of filial piety and family, build a harmonious and orderly family order, establish a solid foundation to the entire community. Secondly, I believe that in the history of Chinese filial piety beyond its own spiritual core, became the tool of the country, the dynasties of rulers in disguise a simple and simple system of ethics converted into political and legal norms to achieve more powerful their rule, and filial piety itself therefore a great deal of alienation. In this section, the author focuses on the analysis of the impact of filial piety of traditional awareness of the law and the legal system, filial piety first traditional Chinese laws printed on distinctive human characteristics, making the traditional law often succumb to the human, reducing the authority of the law, but prominent legal paternalism. In the traditional emphasis on etiquette and human society, the law to safeguard the concept of hierarchy and inequality, therefore imbalance of rights and obligations, people are ashamed of litigation, disputes, and more willing to participate successfully port mediation. Filial piety to the traditional Chinese legal system will also have a great impact, Family Concealment System, quasi-five to Offences Wicked system committed to special provisions for relatives, on behalf of punishment and probation system, these family and cultural characteristics The legal system constitute an important part of the traditional Chinese legal system. In the end of this section, the author summarizes the characteristics of traditional Chinese society, love and ceremony has become a discarded can not afford to live by the rule. The law becomes a tool to maintain the hearts of mankind, whether legislative or judicial, law must respect the wizard from the ritual system led and human. In the third part, the author first brief overview of a modern society, the parent-child relationship, For the sake of simplicity and clarity, the author of several cases this overview briefly show. These cases generally noted phenomenon, filial piety by contempt, the concept of filial piety is gradually fading, no longer overshadow even take the initiative to expose each other's crimes between parents and children, the elderly elderly and helpless, they have to suffer mental torture, even some cruel personally killed their parents. The face of large numbers of these phenomena, the author analyzes the direct cause of the modern family system changes, either from the modern family have undergone tremendous changes in the structure or function, this change led directly to the authority of the parents in the family decline in mandatory binding weakening of their children, the children no longer respect their parents, and this conclusion is also filial piety in modern society suffers reason. In the fourth section, the author proposes a modern society should follow the norms of filial piety and the implementation of these norms legal attempts. First, the basic idea of ??\Second, the law should promote spiritual support. Third, that the law should not force their children and adopted children of the parents adverse evidence. Fourth, \Advocate laws on children killing their parents, parents killing unfilial case should be treated differently. The implementation of the above legal means aimed at industrialization and urbanization, increasingly, China modern society to create a more warmth, harmonious family relations and ethical order. The argument of the author of these recommendations must have defects and deficiencies in the summary of this section, the author made supplement to this issue. Logical inadequacies in the epilogue to be supplemented, I mentioned the body of the second part of traditional Chinese law and human relations in modern society, the law still have to take care of the human, and even feelings of the parent-child need to get legal protection. But this is not to say that To the sheriff extrajudicial the facilities situation or extrajudicial show mercy, but to the human factors in the legislative process will be taken into account, so that the law can maximize meet people of common sense, common sense and common sense, while at the same time to maintain modern society, family ethics system.

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