An Analysis of the Human Rights Ideology in Ancient China's Concept of "Upholding Virtue and Exercising Caution in Punishment"

DAI Jun

Abstract: “Upholding Virtue and Exercising Caution in Punishment” (Ming De Shen Fa in Chinese pinyin) is one of the core governance philosophies in ancient Chinese politics. This principle was explicitly proposed by Zhou Gongdan, a renowned statesman of the early Zhou Dynasty, though its intellectual roots can be traced back to the Yao and Shun periods. Although this principle might not be fully recognized by the rulers of the exploiting class throughout history due to their own limitations, the political ideas and rich connotations behind it, especially as a mature governance concept formed by ancient Chinese politicians more than 4,000 years ago, undoubtedly is of high academic value and theoretical and practical significance. Objectively, this principle has also had a profound impact on the political and legal thinking, moral values, and promotion of social legal civilization in later generations. The analysis and discussion around this concept will play a positive role in the in-depth study of ancient China’s human rights concepts and the construction of contemporary Chinese discourse system of human rights. This article attempts to provide a preliminary summary, collation, analysis, and research from the perspective of political philosophy on the basic meaning, ideological context, and historical origin of social understanding of this concept, especially the human rights ideas contained therein.