| Today,although law and law education are booming in China,the jurists who made important contributions in the Republic of China have long been forgotten in the comer of history.Among these historical "missing persons",Mr.Yan Shutang is a special existence.He made a series of explorations on the development of modem Chinese law,especially jurisprudence,and left his own footnotes in the history of modern Chinese jurisprudence.Mr.Yan Shutang's jurisprudence includes three aspects:the ontology of law,the operation of law and the thought of rule of law.Yan Shutang's research on "noumenon of law" mainly focuses on the concept of law,the relationship between law and morality,the view of legal rights,and the value noumenon of law(justice and freedom)and so on.He was actively eager for,truth-seeking",always paid attention to the conflict and fusion of the two elements of"truth" and "force",and he advocated that the concept of law should be correctly and comprehensively grasped.He believed that we should recognize the universality and certainty of law,and at the same time we should not ignore morality,and he advocated that the law should be in harmony with the social morality;He had the courage to " use",in the view of rights,he actively corrected the name of "rights",calling on people to actively defend their rights;In terms of the value noumenon of law,Yan Shutang emphasized that he should return to the original mind of "justice" without distracting himself.In the discussion of the relationship between law and freedom,he believed that the historical trend at that time was from individual "freedom" to submit to the society,although he was not sure about this.However,this kind of "vague" understanding itself also further explains that Yan Shutang is rigorous in the "truth-seeking" process.The vitality of law lies in its implementation.In the process of analyzing the operation of law,he paid attention to contact the history and the current situation of China,further"seeking truth and use",drawing on the advanced ideas of western legal operation to solve the problem of legal practice in modem China.He paid attention to the power behind"sanctions" and advocated that "truth" and "force" should go together in order to achieve"sanctions".In terms of the judicial system,he believed that the judicial system of one country is not necessarily applicable to other countries,because "the history of each country is different,the national conditions are different".At the same time,we should transform "death law" into "living law",attach importance to the important role of the legal person in the process of law operation,eliminate "western" misunderstanding,examine the freedom and responsibility of judges,and strengthen the legal education.Yan Shutang's jurisprudence thought also includes his thought of "rule of law".Yan Shutang advocates that the rule of law should have "its own laws," and "its own people."He believed that "absolute rule of man" and "absolute rule of law" are impossible.His thought on the rule of law is not a simple "harmony theory about rule of law and rule of man",but a "creative transformation" of the traditional concept of "rule of law",which contains the concept of "rule of man".His "rule of law" is also a vivid manifestation of his"seeking truth and use" ambition.His jurisprudence enriched the academic resources of jurisprudence in modem China,closely adhered to the reality of China,promoted the localization expression of law,and paid attention to the social reality with a sense of problem.In addition,it emphasized on the interpretation of the concept.In order to "get a correct concept",Mr.Yan Shutang systematically expounded the views of the major western schools on some basic issues of jurisprudence and the differences between Chinese and western legal concepts.Looking for western jurisprudence,he hoped to clarify the concept,explain the problem and improve the reality with what he has learned.These not only reflect a jurist's great pursuit of the academic,but also reflect the modem intellectuals represented by Mr.Yan Shutang,s heart of helping the world with their efforts.Therefore,the truth-seeking and use is the most prominent characteristic of Mr.Yan Shutang's jurisprudence. |
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