| After the Opium War,the country was opened,and China gradually became a semi-colonial and semi-feudal society.The gradual deepening of the national crisis prompted advanced intellectuals to turn their eyes to the outside world to seek the truth of saving the country and the people,and a group of advanced Chinese appeared who observed and studied new things in modern Western times.Legal thinkers in the late Qing Dynasty were part of the advanced Chinese,and their introduction and research on the Western legal system became their important work in transforming the traditional Chinese legal system.The major western countries are the objects of their research,and the legal system of the emerging power America is the content of their introduction and research.(1)This dissertation focuses on the systematic observation of American national legal consciousness by legal thinkers in the late Qing Dynasty,and discusses and studies the systematic performance of the modern American legal system in national concepts and behaviors.The legal system is an objective external thing,while the citizens of a country are a living,internal,active thing for itself.The manifestation of the legal system and ideas in the national ideology is the national legal consciousness.The legal consciousness of citizens is embodied in their own awareness of rights and obligations.The more comprehensive and thorough protection a country's legal system provides for the rights and obligations of its citizens,the more fully the rights consciousness of its citizens will expand.The more comprehensive they are,the more fully their sense of obligation will be manifested accordingly.The nationals of a country,how their rights and obligations are manifested,and in what form they are manifested,can reflect the inherent provisions of a specific national legal system,that is,the consciousness of national rights and obligations actually reflects the expression of national legal culture.The legal thinkers of the late Qing Dynasty referred to in this article refer to the representative legal thinkers of various factions since the Opium War,while the legal thinkers of the late Qing Dynasty to be studied in this article mainly refer to the groups who have observed and studied the American legal system and left texts.In China in the late Qing Dynasty,there were many people who could be called legal thinkers,but relatively few people involved the American legal system in their legal thoughts,mainly Shen Jiaben,Liang Qichao,Wu Tingfang,Sun Yat-sen,Kang Youwei,Yan Fu,Tan Sitong,Huang Zunxian,Huang Xing,Wei Yuan,Xu Jiyu and others.Therefore,due to the limited research,this article focuses on the discussion of legal thinkers who have studied the American legal system.The legal consciousness of the American nationals mentioned in this article refers to the conscious consciousness of the American nationals to comply with the rights and obligations stipulated by the law spontaneously manifested in their daily life and behavior.Legal thinkers in the late Qing Dynasty observed the legal consciousness of American citizens mostly with tinted glasses,which are not necessarily accurate,and some may even have misunderstandings or misunderstandings.,limitations,and may not be able to completely and truly reflect the whole of the American national legal consciousness.Nonetheless,these observational texts,after all,have left a living reality about the American nationality,which allows us to observe the American legal system from a living and dynamic perspective.From the perspective of legal thinkers' observation and research on American national legal consciousness in the late Qing Dynasty,we can understand their cognitive purpose,cognitive motivation,main concerns,depth and breadth of understanding.Some of the deeper content of consciousness.This article takes the observation and understanding of the American national legal consciousness by the major legal thinkers in the late Qing Dynasty as the research object,and discusses it through six chapters.The first chapter is "Introduction".It focuses on the main issues involved in this paper,the concepts involved,the research content,the review of academic history,the research methods and innovations,and so on.In terms of content,this paper takes the observation and research of legal thinkers of the late Qing Dynasty on the legal consciousness of American citizens as the object of discussion.The American legal system,the national theory and the internal connection of their cognition in their historical practice,and then analyze the value orientation of the legal thought group of legal thinkers in the late Qing Dynasty,and then lead out that their ultimate goal is to learn and partially transplant the legal system of Europe and the United States,especially the United States.The way of national education is to build a modern country and cultivate modern citizens in China.This article specifically discusses the motives and orientations of legal thinkers in the late Qing Dynasty to investigate the legal consciousness of American citizens;the similarities and differences in their investigation content and the influence of their investigation experiences on their respective legal views;and explore the concepts and theories formed by their investigations in shaping the new Chinese citizens.Theoretical value and demonstration significance.The understanding of the legal consciousness of American citizens by legal thinkers in the late Qing Dynasty is of great on-site experience and real feeling for the study of the constitutional system and legal system of the United States.Studying their experiences and experiences has important implications for us to understand the composition of the group and individual legal thoughts.The "American national legal consciousness" referred to in this article mainly refers to the American nationals' conscious awareness of their own rights and obligations.Generally speaking,the legal consciousness of the nationals of a certain country is often the explicit manifestation of the country's constitutional system and legal system.The legal awareness of American citizens does not arise spontaneously.It is the manifestation of the consciously formed legal awareness and dynamic conditioned reflex after the American legal system and folk traditional statutes act on the minds of the citizens.From this,we can see that the American law The restrictions and regulations on it,as well as the response of each legal subject to the external legal environment—how to exercise their legal rights and perform related legal obligations,etc.This paper adopts the research method of the cross-integration of history and law,adopts the method of historical research,analysis and induction,and at the same time uses legal theory,legal thinking and legal discourse to explain the legal phenomenon and legal issues in history;The problem is explained in the context of the cultural exchange between the East and the West and the conflict and integration of the system since modern times.At the same time,the method of semantic analysis is used to analyze the choice of words and the consideration of terms used by legal thinkers in the late Qing Dynasty to describe the legal consciousness of American citizens,so as to judge their cognitive level and mentality.From the perspective of research value,this paper combines the content of the constitutional history of the United Kingdom and the United States with the construction of modern Chinese national legal consciousness,and links them together through the observation of the American national legal consciousness by legal thinkers in the late Qing Dynasty.In order to solve the insufficiency of academic research on how legal thinkers in the late Qing Dynasty observed and viewed the academic issues related to American national legal consciousness,it can enrich the related academic content of modern Chinese research and introduction of American legal thought.The second chapter "New World America arouses the attention of the government and opposition in the late Qing Dynasty".This chapter focuses on outlining the relationship between the United States as a world power and modern China through historical events,such as implementing the "Open Door" policy in China,intervening in the Russo-Japanese War,taking the lead in "returning" part of the Gengzi indemnity,and actively promoting the Qing government to go global,etc.,which attracted the attention of the government.The Qing government attempted to use the United States to check and balance Japan and Russia,and sent a delegation to investigate the American legal system.The unique legal system of the United States was also valued by legal thinkers in the late Qing Dynasty,who either inspected,observed and studied the American legal system either as officials or as private individuals.Although there are criticisms of the imperfections of the American legal system and shameless remarks about the behavior of American citizens,they are mostly praise and approval.The legal consciousness of the system and the people serves as an ideological tendency to learn from and learn from role models.Chapter ? : The formation and protection of American citizens' legal consciousness.It gives necessary clues to explain the historical context of European and American national idea,the evolution of American national legal consciousness in each major historical period and the solidification of law.The United States was developed from 13 Colonies of The United Kingdom in North America.Since most of the main nationalities in the colonies were descendants of English immigrants,namely Anglo-Saxon,the religious belief and legal tradition of the American citizens originated from The United Kingdom,and the national legal consciousness naturally came from the metropolitan country,partly from local autonomy.American national spirit,western citizen concept,American Enlightenment thinkers' national concept and American legal system all play an effective supporting role in the connotation construction of national legal consciousness.As early as in the Colonial period of North America,some states had legislated the rights of their citizens in their states.Since then,the continuous improvement of the legal system in the United States has formed the guarantee of the basic rights of citizens,and the legal consciousness of American citizens has also formed the conceptual consciousness.This chapter focuses on the emergence and development of the legal system of the United States after the formation of the country,and the determination of the rights and obligations of the American citizens by the relevant American laws,which provides a historical background for us to further discuss the legal consciousness of the American citizens.The fourth chapter is "the late Qing legal thinkers' understanding of the American citizens' consciousness of rights".To the provisions of the us national rights is an important part of the American legal system,its the bill of rights,safeguard the basic rights of americans,ethnic minorities to fight for their rights,the progressive movement period women fight for their rights,makes the national right to further perfect,the national consciousness of rights was further enhanced.The legal thinkers' understanding of the American national rights consciousness in the late Qing Dynasty mainly includes the American national consciousness of the right to participate in politics,the consciousness of independence and self-government,and the consciousness of freedom and equality.They acquired knowledge of the legal consciousness of American nationals either through texts or through fieldwork,and wrote them down in their diaries or writings.The material of these field trips is personal perception,with personal likes and dislikes,and can reflect the values of the legal thinker.This article uses the American-related materials of the above-mentioned legal thinkers to understand the "other",that is,the legal consciousness of American citizens.The scope of national power is wide,involving basic human rights and some joint rights derived from them,such as the right to life,the right to freedom and equality,the right to property,the right to reputation,the right to freedom of speech,the right to freedom of religious belief,the right to vote and stand for election,the right to freedom of movement,Employment rights,education rights,etc.Due to the limited cognitive ability of modern legal thinkers,they may not be able to observe and describe these aspects in their ideological materials.Therefore,according to the modern legal thought data,this chapter only discusses the American citizens' right to participate in politics,independence and self-government,freedom and equality from the perspectives of legal thinkers in the late Qing Dynasty.The right to vote and stand for election is very obvious in the American national legal consciousness.The United States conducts presidential elections every few years.A series of elections from townships to states to the federal government are the most popular political movement in this regard.Material is plentiful.The American consciousness of independence and self-government is also rich in legal thought history materials.In the United States,parents in most families respect their children's wishes very much and cultivate their sense of independence;in schools,the school organizes students to conduct self-management in order to cultivate students' sense of self-government,which is manifested in local autonomy in the United States be particularly evident.The consciousness of freedom and equal rights of the American people permeates the bones of every American.Equality is everywhere,not only equality between men and women,equality in marriage,but also equality in occupation.Even the children of rich families are not ashamed of working,but Take pride in making money.The wind of freedom prevails,not only freedom of speech,but also freedom of the press and freedom of association.These are all important things observed by legal thinkers in the late Qing Dynasty.It should be noted that their historical limitations and class limitations limit the depth and breadth of their understanding of the content and scope of American civil rights,so the content of the discussion is also limited.Nevertheless,through the sorting out of these legal thought materials,we can still understand the thoughts of legal thinkers in the late Qing Dynasty.Chapter ? : The legal thinkers' understanding of American national duty consciousness in the late Qing Dynasty.Obligations are accompanied by rights.While citizens enjoy rights,they must assume corresponding obligations and responsibilities.Obligation is the concept corresponding to right,how much right you enjoy,you should do how much obligation.Duty without rights is not a nation,but a slave or a subject.Only enjoy rights and not obligations,which can only be a privileged person,not the scope of discussion.Generally speaking,duties include paying taxes,doing military service,maintaining public order and good customs,working,receiving education,loving the country,protecting national security and so on.The obligation consciousness of American citizens has multiple dimensions,which is embodied in the obligation consciousness stipulated in the early American militia system.The United States also attaches great importance to the patriotic education of its citizens.Based on the text materials left by the late Qing legal thinkers' observation and understanding of American citizens' sense of duty,this chapter discusses from the perspective of the late Qing legal thinkers' observation and understanding of American citizens' sense of patriotism,law-abiding and honest consciousness,punctuality and trustworthy consciousness,etc.This paper analyzes the depth and breadth of their understanding of the legal consciousness of American national obligation,from which it can be learned that in the eyes of legal thinkers in the late Qing Dynasty,American citizens' performance in loving their country and their hometown,maintaining local autonomy and group autonomy,law-abiding,honesty and punctuality.The sixth chapter is "the reflection and reference of the legal thinkers in the late Qing Dynasty on the model of American national education".This chapter focuses on the motives and purposes of the legal thinkers in the late Qing Dynasty to observe and study the legal consciousness of American citizens.It is true that legal thinkers in the late Qing Dynasty reflected on the insufficient rights enjoyed by American citizens,such as the exclusion of colored people in the right to vote and stand for election.For a long time,black people and women did not have the right to vote.The wave of Chinese exclusion in the United States from the 1880 s was also criticized by legal thinkers in the late Qing Dynasty.Many Chinese even think that the American legal system is not suitable for China.For example,it is too liberal,women have a strong sense of independence,children are not bound by their parents since childhood,and the American people even quit their jobs for elections,causing social disorder and so on.Sun Yat-sen realized that there are some drawbacks in the legal system of Europe and the United States,so he wanted to promulgate the five-power constitution,and the actual situation of serious polarization in the United States made Sun Yat-sen understand that capital should be controlled and land rights should be equalized.But in general,Sun Yat-sen still hopes to introduce the legal system of the United States and establish an American-style republic in China.Legal thinkers in the late Qing Dynasty also reflected on the Chinese people's lack of awareness of rights,especially the lack of autonomy.Through their observation of the legal consciousness of the American citizens,they realized that the Chinese lack the consciousness of independence and self-governance,and have no discipline to speak of,and can only be driven by others.Therefore,they must increase the transformation of Chinese national character.Inspired by the cultivation mode of American citizens,they took American citizens as the example of cultivating "new citizens" in China,realized the feasibility of cultivating modern citizens through school education,and the necessity of promoting citizens' legal awareness through translation and publication of newspapers.Influenced by the European and American trends and the propaganda and noise of thinkers,it became a trend to discuss modern democracy and legal system in newspapers and periodicals at the end of the Qing Dynasty.Even the Qing government had to confirm the citizens' rights in law in a limited way.In short,the legal thinkers of the late Qing Dynasty mainly aimed to solve the problems of China at that time by observing and studying the legal consciousness of American citizens.In the process of modern transformation,China should establish modern country and cultivate modern "new people",which has become the consensus of advanced Chinese people.Although the ways of establishment and the means adopted are different,the legal environment that was transplanted from European and American legal systems and cultivated by modern citizens is common.Therefore,understanding the national consciousness in their legal concepts,explore its "bred" environment,as well as in modern China,provide reference and help to shape the new national practice and how to consider the foreign legal culture in modern China,it's all legal thinkers to complete the historical mission,also is the logical starting point of this article and the core problem to solve. |
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