Research On The Legal Thought Of The Reformative School

The reformative school was the very important school of thought in the last nineteenth century and the turn of the twentieth century, when the most profound and complex changes took place. About the reformative school's thought and activities, there had been many research productions in academic circles at home and abroad. However, the research about their legal thought weren't abundant enough. Among the research productions we have gained, some are too macroscopical, some are too microcosmic, most people put emphasis on the case study of the historical figure. There has been no systematic and comprehensive research on the legal thoughts of the reformative school. Especially, there has been no research about the comparison between the legal thought of the reformative school and the western conservatism in academic circles. This thesis mainly hammer at the two aspects above.This thesis study the background of the reformative school and the reformative thoughts. The reformative school and the reformative thoughts didn't grow up occasionally. They were the results of the national crisis in modern China, the inexorable trend of the transformational thoughts'in-depth development, the outcome of the bourgeoisie expanding.This thesis study the legal thought of Kang you-wei, Liang qi-chao, Yan fu and Tan si-tong. Firstly study the background of the thought and the source of the theories. Secondly, the thesis try to reveal the panorama of the legal thought of Kang, Liang, Yan, and Tan, and stress on the constitutionalism ideology. Lastly, the thesis draw the conclusion that the reformative school surpass the early reformative school, they put forward the complete and systemic constitutionalism ideology, and they pay close attention to freedom and civil liberties which have a close relation with constitutionalism. Comparing with other people of the same time, they have reached the unprecedented depth and extent.This thesis study the immanent contradiction,the limitations, and the modern value of the legal thoughts of the reformative school. In the modern China's language situation, the reformative school struggling for the rich and mighty of the country, because of this aim, they misread the constitutional of the western. At the same time, in the special history background, there was discrepancy between their constitutionalism ideal and the reality. Undeniably, the legal thought of the reformative school is the very important source of the legal thought later. Particularly, the reformative school's attitude about the political civilization of China and the western, and paying attention to the national quality and the steady social environment, which can provide some experience to construct the legal system today.This thesis contrast the legal thought of the reformative school with the western conservatism, and reach a conclusion that there are some coincide between the both sides. We should value all these respects and consider deeply about them.