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The Development of Liang Qichao’s Legal Thoughts

Author: LiYiFa
Tutor: TangQiXue
School: Anhui University
Course: Specialized History
Keywords: Liang Qichao legal thought Chinese traditional legal culture western legal culture
CLC: K251
Type: Master's thesis
Year: 2006
Downloads: 251
Quote: 0
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Abstract


Liang Qichao is a very important character in Chinese modern history. He is famous for plenty of books, even more for his quick change. He admits himself that "using today himself replace past himself. As a part of ideal system, his legal thoughts has changeable character as the same. Before 1899, Liang Qichao has legal thoughts of "Chinese law is basis, western law is used". One aspect, Liang Qichao puts emphasis on "ruling old country needs new law", he points that through the hundred days’ reform, bring in amounts of western culture, especially western political legal system, in order to save nation crisis. But another aspect, because of influenced by his early knowledge structure, life experiences and social background, he insists on "Chinese law is basis", tries to recognize Chinese traditional legal culture in standard angel. In order to put Chinese and western legal culture into one comprehensive ideal system, Liang Qichao uses the idea of "western law is oriented from Chinese law", tries to abate the conflicts between Chinese and western legal culture.Between 1899 and 1917, Liang Qichao has the idea of "western law is first, Chinese law is second". One aspect, he is deeply influenced by western enlightenment intellectuals, so he puts building country rule of law as his objective. He takes western legal thoughts as arms, points out a series of thoughts of western spirit ruling of law, such as legislation power should be mastered by most nation, setting up legislation sector, judicial and administrative power should take part. He tries to use western law and politics as model, reforms Chinese traditional political and legal system, really initiate a good complexion of "legislation is civilized, legal justice" in China, in order to set up a model of nation rule of law. Another aspect, Liang Qichao is not total westernization or eagerness of western law. As a Chinese intellectual that accepts strict traditional education since children, traditional culture already has deep basis in his idea, he is always influenced by traditional culture. So when he studies positively from the west, gives prize to the western law, he always can not abandon Chinese traditional legal culture completely. Basis on this thought, he points out a series of

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CLC: > History, geography > History of China > Semi-colonial and semi -feudal society ( 1840 to 1949 ) > Old Democratic Revolution period ( 1840 ~ 1919 )
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