Western Analytical-Positivist Jurisprudence In China

In the beginning of 20^th century, the analytical-positivist jurisprudence went into China with the tide of spreading of western learning to the East. It went through the late Qing Dynasty, the Republic of China, the 1950s～1960s, contemporary, and attracted many Chinese scholars'research enthusiasm. The analytical-positivist jurisprudence research can be described with four stages, in which the research achieved a lot: preliminary propagation, flourishing and deepening, political nature criticism, revival and prosperity, and produced a lot of achievement. The easternization of western Analytical-positivist jurisprudence is a demonstration of model including the process of translation, review, comment, localization. The long and complex learning process displays times background, origin and variation, method system, evaluation, school interfluves, application of theory about Chinese analytical-positivist jurisprudence research. Especially when western learning has spread to the East, the conflict and fusion between western theory and traditional wisdom is a problem that researchers cannot avoid. During that period, it is worth carding and reflecting that Chinese scholars had creatively interpreted and developed analytical-positivist jurisprudence. This paper obeys the paradigm of academic history research, reconstructs representative and important works, gives prominence to main problems, describes and comments learning performance and results, presents the magnificent flourishing landscape of Chinese analytical positivist jurisprudence research by the description approach.According to the history of academic development, there are five parts besides the exordium in this paper:Part one: preliminary propagation of the analytical-positivist jurisprudence in the late Qing Dynasty. The analytical-positivist jurisprudence went into China by two kinds of ways that students studying in Japan compiling and domestic law education. A lot of works like first principles of law introduced"analytical law and its method","representative"and"cause of production", made scholars get preliminary knowledge to the analytical law.Part two: flourishing and deepening of the analytical-positivist jurisprudence research in the Republic of China. With the newest translations of analytical-positivist jurisprudence from Europe and America into China, Chinese legal and political scholars started to introduce analytical law, pure theory of law and Austin's theory of sovereignty, and profoundly commented from legal sociology perspective. All showed flourishing. Chinese scholars like Wu Jing Xiong, Gao Cheng Yuan, Yan Shu Tang, attempted to localize analytical-positivist jurisprudence. The birth of Chinese new analytic law and dialectics jurisprudence, the application of perfectly analytical-positivist jurisprudence, showed deepening of Chinese analytical positivist jurisprudence research.Part three: political nature criticism on analytical-positivist jurisprudence in the 1950s～1960s., Chinese analytical-positivist jurisprudence research was affected by law of soviet philosophy, and political nature criticism was the main learning task in the 1950s～1960s. The two learning climaxes in 1957 and 1962 pushed pure theory of law to the academic frontier. Although political nature criticism decreased the level of academic research, it pushed pure theory of law to further easternizate.Part four: revival and prosperity of about analytical-positivist jurisprudence research in contemporary China. Chinese analytical-positivist jurisprudence research with the revival of jurisprudence of china accordingly has boomed up. The translation of analytical-positivist jurisprudence works has got tremendous achievement, and analytical-positivist jurisprudence research results are going to China. Chinese academic not only have recognized analytical-positivist jurisprudence, but also have overall reviewed and objectively commented H.L.A.Hart's theory, Hans Kelsen's theory, Joseph Laz's theory, Wesley N.Hohfeld's theory, system jurisprudence, Jeremy Betham's theory, John Austin's theory. It is very significant that Chinese scholars have reflected the relationship of traditional thought and western theory, have applied analytical-positivist jurisprudence to construct Chinese jurisprudence school, have promoted the discussion on jurisprudence and department law. All that are Chinese analytical-positivist jurisprudence research has entered a prosperity status since 2000.Part five: conclusion. According to the standard that reflects true knowledge and realizes innovation, the same and difference places are compared in the aspects of translation, review, comment, localization between the republic of China and contemporary China,...