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封建正统法律思想即是被封建统治者所接受且运用治理国家的被当时和后世大多数思想家所承认的,在思想领域占统治地位的法律思想。我国封建正统思想是以儒家思想为主的,融合了神权法、先秦的儒家学说、阴阳学说、法家思想而形成的维护封建君主等级专制的法律思想。“德主刑辅、三纲五常”是封建正统法律思想的核心和精髓。历史一开始不是就确定了儒家思想是封建正统法律思想,它经过了漫长的岁月,各种学说、思想相互交融发展最终形成了董仲舒提出的新儒家思想。本文简单阐述封建正统法律思想的抉择。
The feudal orthodox law thought was accepted by the feudal rulers and used the legal thought dominated by the ideological field which was recognized by most of the contemporary and later generations of thinkings governing the country. The feudal orthodoxy in our country is mainly based on Confucianism. It integrates the theocratic and pre-Qin Confucianism, the theory of yin and yang, and the legalism to form the legal ideology of the autocratic dictatorship of the feudal monarchy. “German main penalty auxiliary, three basic five permanent members ” is the core and essence of the feudal orthodox legal thought. History did not determine the beginning of the Confucian ideology is a feudal orthodox legal thinking, it goes through a long period of time, all kinds of doctrine, ideas blend with each other eventually formed the new Confucianism proposed by Dong Zhongshu. This article briefly expounds the choice of feudal orthodox legal thoughts.