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Liang Qichao Legal Thinking Comprehensive Theory

Posted on:2005-11-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:R M JiaoFull Text:PDF
GTID:1116360122481872Subject:Legal history
Abstract/Summary:PDF Full Text Request
This Ph.D Dissertation focuses on Liang Qichao's juridical thoughts. It is divided into four chapters, and from different angles, namely "national crisis consciousness and formation of reform thoughts", "modern state idea and the formation of constitutional thoughts","an introduction to modern western juridical thoughts","development of the indigenous juridical resources","theoretical disscussion of the constitution of a jural country", presents a synthetical discussion of Liang Qichao's juridical thoughts in different respects: the forming of Liang Qichao's reform thoughts, the establishing of the ideas of state and country, the exploring of the indigenous resources, the introducing of western juridical systems and the juridical thoughts.Chapter I focuses on the background of the forming of modern national crisis consciousness and its mutual relationaship with the forming of Liang Qichao's reform thoughts.Modern Chinese national crisis consciousness arised around the Opium Wars. Stimulated by the extremely painful defeats in the Second Opium War, Sino-French War, Sino-Japanese War, Multinational power invasion, a deep national crisis consciousness arised among the Chinese intellectual élite. The possitive transforming of this consciouness was the growing up of a trend of thoughts of reforms by which Chinese backwardness would be changed in political and economical aspects. This was the backgroud of the forming of Liang Qichao' reform thoughts. Liang Qichao reform thoughts refers mainly to his social reform thoughts before the failure of the Hundred days of Reform and his excile to Japan. His reform thoughts stressed active reforms and mainly system changes. In 1896 he published his long series of articles entitled "general discussion on reforms", which symbolized the forming of his reform thoughts. Many insults on modern China imposed by the foreign powers, the miserible destructions of many other countries in the world, recognition of the aggressive nature of modern imperialism, composed of the time background of Liang Qichao' reform thoughts. Liang Qichao's reform thoughts based on the reform thoughts of modern mental forerunners, directly from the reform thoughts of his tutor Kang Youwei, indirectly from the mental resources ancient to modern, and modern western study also had an important influence on the forming of Liang Qichao' reform thoughts.Chapter II focuses on the forming of Liang Qichao's modern state idea and constitutional thoughts and the way of accomplishing his constitutional government ideal. Liang Qichao's modern state idea formed under the stimulation of domestic troubles and foreign invasions, and the enlightenment of modern western Enlightment Thoughts. Liang Qichao's view of state and country formed around 1903, and was finally established around 1911. In his "On patriotism" published in 1899, he difinetly regarded democratic rights, civil government, self-love as integral and important contents of a country, in "On great modern trend of civil competition and the future of China " published in tha same year he pointed out that the subjects were the main body of a modern country, while in "On the theory of Bluntschli, the Great master of politics" and other articles, we can see that Liang Qichao had accepted Bluntschli's "state organic body theory". Aound the Revolution of 1911, Linag published "On constitutional government"and "On the standards of the subjects'', which can be regarded as the symbols of the forming of Liang Qichao's modern state idea and constitutional government.Coping with his idea of modern state is the "new subjects idea". The first one who put foreward this question was Yan Fu, but Liang was the first to relate "new subjects idea" systematically and completely. Around 1902, Liang wrote a series articles, including "The idea of new subjects", "On new subjects" constructed the primary theoretical structure of his "new subjects thoughts". Liang's "new subjects" theory defintely accepted state theory and...
Keywords/Search Tags:Comprehensive
PDF Full Text Request
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