1 Introduction

In recent years, the discussion of justice in the Chinese philosophical community has become increasingly heated. Huang Yushun's "Chinese Justice Theory" is based on pre Qin Confucianism and constructs the basic framework of Confucian justice theory. This framework contains the core elements of Confucianism and provides a theoretical basis for the institutionalization of Confucianism. Justice is a hot topic in the field of contemporary philosophy, and Confucianism, as an important philosophical tradition, has unique insights into the issue of justice. The Chinese theory of justice explores justice from a Confucian perspective and has a unique ethical tradition. With the deepening discussion of the topic of justice, Confucianism strives to construct a normative theoretical system of modern political philosophy, exploring the path for Confucian modernization and institutionalization. This article will reflect on the theoretical construction of Chinese justice theory, compare and draw on discussions of justice in other philosophical traditions, explore possible problems in the construction of Confucian normative theory, and provide suggestions.

Constructing a Confucian normative theoretical system based on the basic framework of benevolence, righteousness, and propriety

Explored the construction of Chinese justice theory, with Confucianism's "righteousness" as the core, and proposed a theoretical framework that includes the seven elements of benevolence, benefit, knowledge, righteousness, wisdom, propriety, and music. Among them, "benevolence" is the fundamental value of Confucianism, encompassing both unequal love and holistic benevolence; 'Benefit' refers to the legitimate interests of individuals, and its conflicts and solutions stem from benevolence; Knowledge "represents innate conscience and a sense of justice; 'Yi' corresponds to justice, including principles of legitimacy and appropriateness; Wisdom "is the rationality required for designing social systems; 'Ritual' is a social system norm that needs to adapt to changes in time and space; 'Le' represents social harmony and is the ultimate goal of etiquette. The author proposes that "benevolence", "righteousness", and "ritual" are the core elements in the theoretical framework, while "knowledge" and "wisdom" can be included in "righteousness", "benefit" can be included in the distribution objects of "righteousness", and "happiness" as a harmonious state is not the theoretical core. Ultimately, the theoretical framework of Chinese justice theory focuses on the three elements of benevolence, righteousness, and propriety, which serve as ultimate values, principles of justice, and social system norms, respectively, reflecting the characteristics of Confucian political philosophy.

Distinguish between the political and ethical aspects of theoretical construction

It is crucial to distinguish between ethical and political aspects when constructing Confucian political philosophy theory. Ethics focuses on moral principles and values, guiding moral judgments and behavior, while politics involves the acquisition and exercise of power, as well as decision-making in public affairs. Ethics provide a moral foundation for politics, while political systems and legal policies influence social values and moral norms. Although politics and ethics are closely related, politics is governed through legal means and has mandatory and universal constraints, while ethics is influenced by culture, religion, or philosophy and is more subjective and has no legal obligations.

Exploring the Normative Content of Benevolence, Righteousness, and Etiquette

In depth exploration of the normative content of the three elements of "ren", "yi", and "li" in Confucianism, and analysis of their applicability at the political and ethical levels. As the core value of Confucianism, "ren" includes two levels: "unequal love" and "holistic ren". The former emphasizes the distinction between closeness and distance, while the latter advocates loving everyone. As the minimum requirement of the basic social system, the principle of "unity of benevolence" is in line with the principle of equality in modern systems, which helps to safeguard basic rights and opportunities. Although 'unequal love' is not suitable as a basic system, it has its rationality in private fields such as the family. 'Justice' involves the principle of justice, requiring the social system to fairly distribute benefits and burdens, ensuring the basic rights and equal opportunities of members of society. As a specific norm, 'ritual' is based on 'righteousness' and adjusted according to changes in time and space, but the principle of justice behind it remains unchanged. The Confucian concepts of "benevolence" and "righteousness" are suitable for political and legal aspects, while certain ethical and moral content is more suitable as personal choices.

5 Conclusion

The Confucian theory of justice revolves around benevolence, righteousness, and propriety, aiming to construct a modern political and legal system. The article proposes the need for further research on its transformation path, while emphasizing that the reconstruction of Confucian political philosophy should consider multiculturalism and religion, and avoid excessive ethicalization of politics.