Senior two history questions

From 65438 to 0769, Napoleon was born in a family of legal professionals on Corsica. His father is a lawyer, honest and fair. Influenced by the family environment, Napoleon was very concerned about society and had a strong legal consciousness. In order to safeguard the interests of his family, he insisted on seeking justice from the government on the issue of government subsidies. However, it is the legal thought of French enlightenment thinkers that has a great influence on the formation of Napoleon's thought of rule of law. Napoleon's boyhood was catching up with the French Revolution and the Enlightenment. At that time, famous French scholars Voltaire, Montesquieu, Rousseau and other enlightenment thinkers put forward the principle of "everyone is equal before the law" and the concept of "a country ruled by law" on the basis of natural rights, natural law and social contract theory, and politically advocated the abolition of monarchy and the establishment of a bourgeois republic. Moreover, in the French Revolution, law became the most important weapon of the revolution. The bourgeoisie carried out the necessary legislative work according to the theories of Montesquieu, Rousseau and other enlightenment thinkers. Although in the Great Revolution, especially in the era of terror, there were many tyrannical incidents that deviated from the legal system, the dignity of the law remained unshakable in the mainstream.

France was once the cradle of legal thinkers. As early as the autocratic monarchy, in order to adapt to the development of commodity economy and the legal rights requirements of the civil class at that time, France produced Baudin's theory of national sovereignty and Bertil's theory of private law. Although these theories still bear many traces of feudal system, they provided a historical basis for the establishment of modern French bourgeois law.

1789, the victory of the French Revolution opened the road to the establishment of modern French jurisprudence. However, on the eve of the Great Revolution, under the influence of Montesquieu, Rousseau and robespierre's legal thoughts, modern French jurisprudence was formed. It can be seen that the legal thoughts of French enlightenment thinkers had a far-reaching impact on the society at that time. It not only changed people's attitude towards the law, but also established the mainstream and dignity of the law.

It was in this environment that Napoleon received cultural education and ideological edification, and the thoughts of French enlightenment thinkers influenced Napoleon imperceptibly. As early as his student days, Napoleon read a lot of works by enlightenment thinkers such as Voltaire, Montesquieu and Rousseau. According to scholars' research, when he was a student, he "fell in love with the works of Rousseau, Montesquieu, Voltaire and other enlightenment scholars, and was particularly interested in Rousseau's Social Contract." [2] The legal thoughts contained in the works of these enlightenment thinkers have great influence and inspiration on Napoleon, especially Rousseau's democratic thoughts and social contract theory, which not only greatly promoted the process of the French Revolution, but also greatly promoted the formation of Napoleon's rule of law thoughts. For example, Rousseau bravely put forward the idea of people's sovereignty in "On Social Contract", arguing that all power belongs to the people. When the people's power is deprived and used to oppress and enslave the people, the people have the right to terminate the social contract, overthrow the existing unfair system and establish a system that conforms to the people's wishes. Rousseau once said passionately in France that Corsicans are the most suitable for legislation. Rousseau's thoughts deeply touched Napoleon. The latter was greatly inspired and encouraged by Rousseau's thought. Later, when talking about the contract between the monarch and the people, Napoleon said: "As for human laws, there is no law after the monarch breaks the law. Or the people make laws and voluntarily obey the rule of the monarch; Or the monarch makes laws. In the first case, the nature of a sovereign state stipulates an unshirkable obligation to perform the contract. In the second case, the law should adapt to the purpose of the government, that is, for the peace and welfare of the people. If not, it is obvious that people will return to their original state. Since the government does not consider the purpose of the social contract, it will disintegrate on its own. ..... the people have the right to recover the transferred sovereignty at any time ". It is not difficult to find that Napoleon was deeply influenced by Rousseau's thought of rule of law. It can be said that Rousseau's thought of rule of law laid the foundation of Napoleon's thought of rule of law.

From then on, Napoleon used Rousseau's political terms such as "people's sovereignty", "social contract", "general will" and "laws of nature" from time to time when expressing his political thoughts. He regarded Rousseau as his compatriot and friend, and he defended Rousseau's point of view. [3] Later, during Napoleon's reign, he developed Rousseau and others' political thoughts and theory of rule of law in his own way. For example, the Napoleonic Code is based on the concept of natural law and has two provisions on the principle of equality. First, the French enjoy equal civil rights without exception; Second, in principle, everyone enjoys equal capacity for civil conduct from the day of adulthood. These regulations are obviously the concrete embodiment of Rousseau's thought of "everyone is equal by agreement and according to rights". Marx pointed out that an important source of the Napoleonic Code was Rousseau's thought. Napoleon also said many times that "without Rousseau, there would be no French Revolution" and "I am the son of the French Revolution". Rousseau's thoughts on politics and the rule of law inspired Napoleon and left a mark on his thoughts.

In addition, before the coup, Napoleon had contacted many people in the judicial field. From the judicial circle, he learned a lot of legal knowledge and further strengthened his legal consciousness. For example, the famous French jurist, Cambacheres, then Minister of Justice, Chairman of the National Salvation Committee and the 500-member House, was a good friend of Napoleon, and Napoleon liked to associate with Cambacheres very much. After Napoleon came to power, he continued to deal with the judicial and legal circles. In this way, in the long-term work exchange process, the legal knowledge and view of rule of law of a group of jurists and judges such as Campacherez undoubtedly had a great influence on the further formation of Napoleon's rule of law thought, which made Napoleon's rule of law thought more mature.

It was under the influence of Rousseau and other thinkers and jurists that Napoleon's thought of rule of law gradually formed. His thought laid a solid theoretical foundation for the establishment of modern French legal system in his later ruling period. On the day of the foggy month coup, Napoleon gave a short speech in the Senate. In this speech, he thought that the people should issue a decree to save the country in crisis, and our hands have the ability to complete it. What we want is a republic based on the principles of true freedom, equality and people's representation. Therefore, Napoleon's attitude towards the rule of law is positive, which also shows Napoleon's strong determination to build a new country according to law.

After taking office, Napoleon's thought of rule of law was very obvious, and he devoted himself to the process of national legal system construction with a strong legislative desire. It can be said that attaching great importance to legislation is the core of Napoleon's thought of rule of law. Under the guidance of this core idea, Napoleon attached great importance to legal talents and took the legislative work seriously.

First of all, he attached great importance to judicial talents, recruited legal talents and entrusted them with heavy responsibilities. He attaches importance to the role of legal talents in political life. Camparez is one of the legal talents that Napoleon admired very much. Before the coup, Campacherez was an active supporter of Napoleon's coup plan as a judge. After the coup, Napoleon entrusted him with an important task, making him the second ruler of Napoleon's government. In addition to Cambaceres, Napoleon also entrusted the legal authority Sieyes to draft a new constitution. 1799, 1799 On February 26th, Napoleon authorized the Senate to interpret laws and regulations in the form of issuing opinions, which expanded the authority of the Senate. In fact, the Senate is Napoleon's advisory body, among which legal talents account for a considerable proportion, such as Portalis, a jurist and drafter of civil law, and Thibaudeau, a jurist and drafter of a series of codes. You know, the Senate composed of many legal talents plays an important role in Napoleon's political system, and it is the Senate that has completed the compilation of several important organic laws and codes. Although Napoleon had no experience in governing the country and lacked the necessary professional knowledge, he firmly believed in a principle, that is, relying on talents and the rule of law to govern the country. "He attaches great importance to people with administrative experience during the French Revolution, asks them for advice from time to time, and is good at using them. Arrange them to be responsible for legislation and one for internal affairs. " [4] In Napoleon's ruling institutions, legal talents occupy a certain proportion, which creates superior conditions for government legislation. Napoleon's emphasis on legal talents and a country ruled by law can be seen.

Secondly, Napoleon's attitude towards legislative work was firm and serious. After the victory of the French Revolution, successive government leaders did not attach importance to and firmly lead the legislative work as Napoleon did. According to historical records, at the beginning of19th century, France after the Great Revolution, under the auspices of the first ruling Napoleon, carried out drastic and resolute legal reforms, successfully turned the ideal of rule of law of bourgeois enlightenment thinkers into reality, and created a far-reaching continental legal system in the history of western legal system. In the unforgettable words of historian Misley, the French Revolution was "the arrival of law". 1800 After the Battle of Ma Lun and Hohenlin, there were several years of peace in France. In order to affirm the victory of bourgeois revolution, promote the development of capitalist economy, and eliminate the disunity of laws caused by political turmoil and wars in the past, Napoleon urgently needed legal support, so he attached great importance to legislative work and personally presided over the compilation of a series of important codes.

Napoleon made a constitution immediately after he came to power. Under his attention and leadership, at the end of 1799, the draft constitution of * * * and eight years was quickly discussed and revised, submitted to a referendum, and finally passed by an overwhelming majority. This constitution is the basic document organized by Napoleon's government. Article 4 1 of this constitution clearly gives the first ruling power, promulgates laws and appoints all criminal and civil judges, which fully reflects Napoleon's profound understanding of the status of law in national life. 1804 Napoleon proclaimed himself emperor, and 18 14 proclaimed the authority of the emperor through the King James Constitution, which reflected the supremacy of the Constitution in French political life. 18 15 In March, Napoleon returned to Paris. Even though the restoration lasted only a hundred days, he did not forget to promulgate a new constitution and amend the original constitution, which became his third constitutional amendment, that is, the additional law of the Imperial Constitution. In addition to formulating a constitution suitable for his own rule, Napoleon presided over the formulation and promulgation of the French Civil Code of 1800-1804, the French Civil Procedure Code of 1806 and the French Commercial Code of 1807. 1808, Napoleon presided over the formulation of the French Criminal Procedure Law and the French Criminal Code. These legislations provide a model for the capitalist countries in the world, especially the continental countries in Western Europe, and the continental legal system, the main legal system of capitalism, is formed on their basis.

However, the legislative work of Napoleon's government was not smooth. For example, when Napoleon promulgated the commercial code, people around him didn't quite understand it, because "other emperors' decrees were all aimed at destroying commerce, and Napoleon only promulgated a commercial code, which is at least surprising." "This view reflects from one side that Napoleon must have met with resistance in commercial legislation. At this time, the strong rule of law and leadership supported Napoleon and made him break through many difficulties. He firmly believes that the commercial development of France can not be separated from the commercial code. Finally, with his persistence and efforts, the French Commercial Code was passed. Another example is the famous French Civil Code, which is called by jurists as the "favored son of heaven" in the history of western civil law and by Engels as the "code of a typical bourgeois new society". However, the birth of this code can not be separated from Napoleon's strong support. In this regard, Thibaudeau, a senator who participated in the discussion of the draft code at that time, left a memoir. According to his recollection, Napoleon played an important role as chairman in at least 57 meetings of the102nd meeting of the Senate when the Drafting Committee deliberated and discussed the draft civil code. The Senate held 87 meetings for the draft, 35 of which were held under the presidency of Napoleon. According to historical records, meetings to discuss drafts often last until late at night. When Napoleon presided over the meeting, "he listened to the discussion of jurists. When the discussion was about to get tangled up, he came out, sorted out the mess and summed up the conclusion very conspicuously. "Although there were many obstacles in the process of formulating some codes, Napoleon solved them decisively. Napoleon devoted himself to the formulation of the code with great enthusiasm and caution, just as the Germans said: In the eyes of the world, Napoleon's participation in legislation somewhat infiltrated the spirit of a great man like him. These memories and records are enough to show that Napoleon attached importance to legislation. In contemporary legal circles, there is a popular view that Napoleon's most immortal contribution lies in leaving a revised French civil code to future generations. It is this code that has laid a series of modern civil law principles that have been passed down to this day and created a modern civil law system. Napoleon personally participated in the discussion of the draft code, not because of his personal interest in legislation, but to strengthen the bourgeois dictatorship in law, in his words, to "govern the country." "It can be seen that Napoleon attached great importance to the legislation of the rule of law in the process of formulating the French Civil Code.

Finally, Napoleon devoted himself to learning legal knowledge and pursuing the quality of legislation. Napoleon was very serious about the formulation of each code, and he did not hesitate to delve into the relevant legal knowledge himself. For example, "he asked the consul Campasares for some legal books, especially all kinds of relevant materials prepared by the National Association for the formulation of the new people's law. He reads these books as eagerly as he reads books about religious debates when he is absorbed in dealing with political-religious agreements. Soon, he classified the general principles of civil law in his mind and quickly linked them with some concepts he had mastered. His rich knowledge and extremely clear understanding of civil law enabled him to lead such an important work and even provide the most correct, novel and profound concepts in the discussion. " It is precisely because of Napoleon's leadership and exemplary role that it provided favorable conditions for the smooth birth of the Napoleonic Code, including the French Criminal Code. Later generations spoke highly of Napoleon's legislation, believing that the Napoleonic Code had written a glorious page in the history of capitalist legal development and even the whole history of human legal development. Its function and influence is not limited to the law itself, but transcends national boundaries, becoming the legislative blueprint of many countries in the world, and finally forming the continental legal system, one of the two major legal systems in the capitalist world, which is juxtaposed with the common legal system. There is no doubt that Napoleon, as the king of a country, played an extremely important role in the formulation and promulgation of the French constitution and code at the beginning of the19th century. In other words, the establishment of modern French legal system is inseparable from Napoleon's great attention to legislation. Therefore, the reign of Napoleon was a period when France established a relatively complete bourgeois legal system and the modern French legal system was truly established. Napoleon himself was very proud of his role in formulating the civil code. He once said: "My glory lies not in winning 40 battles, because the Battle of Waterloo eclipsed these victories. But my civil code will not be forgotten, it will last forever. "

Besides attaching importance to the formulation of major national laws such as the Constitution and the Civil Law, Napoleon also attached great importance to the legislative work in other fields. For example, in order to strengthen the power and work efficiency of the central government, Napoleon promulgated a series of decrees. Because "another achievement of Napoleon's regime is to strengthen the legal system and establish a bourgeois state machine. At that time, France was divided into 88 counties, and the central government's control over the localities was greatly strengthened. Government work requires high efficiency and opposes bureaucracy. " Another example is Napoleon's economic legislation and a series of economic policies: on the one hand, he vigorously promoted the policy of protecting tariffs, constantly raised the import tax rate, and prevented foreign industrial products from entering the French market; On the other hand, it provides all kinds of assistance to domestic industrial and commercial enterprises, such as grants, subsidies, state orders, encouraging the use of machinery, competitions, implementing the patent system and holding exhibitions. In all production departments, the government pays great attention to the military industry to adapt it to the needs of the war. In addition, in March of 1803, Napoleon promulgated the People's Republic of China (PRC) Law, that is, the French Notary Law, which made detailed and clear provisions on notaries, notary institutions and status, laid the foundation for the modern notary system, and made France the birthplace of the modern notary system. Later, although French notarization law was revised and improved several times, it basically followed the model of notarization system in Napoleonic era, which played a great role in the emergence and development of notarization system in continental Europe and Latin America.

A series of legislation during Napoleon's reign laid a legal foundation for the political stability and economic prosperity of France at that time, which conformed to the new situation after the victory of the French bourgeois revolution in the18th century and adapted to the requirements of the development of free capitalist commodity economy. It promoted and guaranteed the formation and development of new economic relations in France, and also promoted the transition of France and the West to a capitalist legal society, which was Napoleon's great contribution to the legal system construction in France.

In short, because Napoleon attached great importance to the legislative work, and because his persistent pursuit of a country ruled by law touched people of insight in the upper class of France, the concept of the rule of law was deeply rooted in the hearts of the people, and the legal system construction was carried out smoothly and orderly. The development of French legal system construction is closely related to Napoleon's core idea of attaching great importance to legislative work.

Napoleon advocated a rational society, and the purpose of his code was to create a brand-new legal order and promote the political, economic and social changes of the country by law. During Napoleon's reign, he not only attached great importance to legislative work, but also attached great importance to the practice of rule of law and ruled the country strictly according to law. Specific performance in the following aspects:

First of all, Napoleon ruled the country according to law. After a series of codes were promulgated, Napoleon called on all French people to serve all aspects of social life with laws and conscientiously implement the spirit of each code. In fact, when Napoleon formulated the code, especially the French Civil Code, he repeatedly stressed that the purpose of making the code a must-read book for everyone was to make the law the norm of the French people's life and govern the country according to law. At the same time, the code itself also puts forward requirements for law enforcement and the public. For example, the provisions of the Code stipulate what can and cannot be done; The Civil Code requires that citizens' legitimate rights and interests be protected according to law, offenders be brought to justice, and law enforcers act according to law. For government officials, Napoleon eliminated redundant staff and selected talents according to law. Reforming the tax system, rectifying financial institutions, strengthening supervision, and severely punishing corruption, theft and embezzlement have reversed the financial chaos during the supervision of the government. At the same time, Napoleon led the reorganization of the court and established the Ministry of Justice and the police department. In a word, when Napoleon was in power, he attached great importance to managing various undertakings of the country according to law.

Due to the implementation of this code, the enthusiasm of the broad masses of people has been effectively mobilized, the social and economic order has been stabilized and consolidated, and the vigorous development of French capitalism has been promoted. For example, the French Civil Code advocates freedom and equality for all, and Articles 537 and 544 guarantee absolute private ownership in the form of specific clauses. These clauses have greatly stimulated the enthusiasm of individuals and provided conditions for the free development of capitalism. The main content and idea of Napoleonic Code is to legally recognize the social order completely changed by the French Revolution, safeguard the achievements of the French bourgeois revolution, crack down on feudal remnants and promote the development of capitalist economy. Compared with 18 15, the pig iron output has more than doubled, and the grain output has increased by 1/3. In practice, the implementation of these codes made the French capitalist industry and commerce develop rapidly, and made France enter the imperial era from 1804.

His way of thinking is a "wardrobe" style. Externally, he can concentrate on one thing, or two or three things, 10 hour, without any attention. He can defeat the French legal authority when making a code because others can't concentrate so much, and he can argue when he is distracted, but Napoleon, he has been concentrating on solving problems.

Napoleon said in the Memoirs of St. Helena that he could do this because his mind was like a big wardrobe with many drawers. When he thinks about a problem and deals with an event, he closes all the other drawers and only opens this drawer. He closes all the drawers when he wants to sleep.

So he often sleeps for a short time in ten minutes between wars and falls asleep in a few minutes. A busy politician like him seldom does this. Mao Zedong struggled in sleep all his life. Bai suffered from insomnia for many years and almost committed suicide. Cui Yongyuan is also a serious insomnia patient.

However, I have tried to do what Napoleon did. He can really concentrate on things and feel very energetic, but it is easy to forget other things and it is difficult to do other things. So he is still talented.

Napoleon's way of thinking was also praised by him as pragmatic. His minister said that the emperor didn't even believe in anything that he couldn't show him. For example, when chatting with women, Napoleon often asked them how many children they had and when and where they were born. It's embarrassing. When the emperor is in power, he often cares about the real details. For example, he asked the minister why the price of salt in Paris rose by a penny. He often asks libraries and publishing houses all over the country to list the titles of all the books collected and published for him, and they should be very accurate. He decided what kind of books to add and how many books to add. The roster of soldiers is the "Bible" of the emperor. He often reads it, remembers amazing names and knows who is in which legion.

Therefore, Napoleon never ruled the country by an empty ideology or a certain idea. He is based on science and pragmatism. Therefore, the political rule of France is very strong. To his dismay, the military is not politics. At that time, people said that there were more government affairs in the first year of governance than in the whole century of the emperor.