Research On Zhang Jian's Legal Thought And Practice

Zhang Jian was a well-known industrialist,educator,politician,and calligrapher in the late Qing Dynasty and the early Republic of China.He was also one of the advocates of the“Constitutional Movement”.Many of his thoughts and practices have had a profound impact on modern Chinese history.Among them,his legal thoughts and practice are a good supplement and improvement to the modern legal system.He advocates not only to learn from the advanced science and technology of the West,but also to focus on the legal system of Western countries,which will benefit modern China.The legal system has been developed on the basis of reasonable reference to the Western legal experience,and at the same time adjusted and regulated according to the actual situation of the country,which is of great significance to promoting social progress under the historical conditions at that time.Studying the rich content and specific practice of Zhang Jian's legal thoughts and digging out its contemporary value can not only provide a variety of enlightenments for China's ideological and moral construction,school ideological and political education construction,and socialist economic construction,but also for the construction of a socialist legal system with Chinese characteristics.The state provides valuable ideological resources.The source of Zhang Jian's legal thoughts comes from his personal experience,traditional Confucianism and the introduction of western learning,among which personal experience is the direct nutrition of the formation of his legal thoughts,traditional Confucianism is the native source of his legal thoughts,and the western learning is the formation of his legal thoughts.We can say that it is precisely because of the triple forces of internal,external and self that he laid a solid theoretical foundation for his legal thought.With the continuous changes in society in the late Qing Dynasty,Zhang Jian's legal thoughts have also experienced different historical stages of germination,emergence and development.During these three periods,Zhang Jian closely linked his thoughts with social background and social reality,and even more Highlighted the social consciousness contained in his legal thoughts.The content of Zhang Jian's legal thought and practice can be summarized in four aspects: First,constitutional thinking.Zhang Jian supported the establishment of a constitutional monarchy in the early stage.He advised the Qing government several times that only a true constitution can alleviate all social contradictions.The Qing government's inaction made him completely opposed The government lost confidence.After the Revolution of 1911,he changed his political stance and turned to a democratic republic.The second is economic and legal thinking.Zhang Jian protects the rights and interests of economic entities by submitting interest-guaranteed bills and establishing a model system;using the company regulations formulated to improve corporate governance;using foreign capital and stabilizing the securities market to regulate domestic investment Behavior;from promoting the modernization of the salt industry and unifying weights and measures to regulate the government's economic behavior in accordance with the law;to improve the fiscal and taxation legal system by reforming the currency system and banks and reducing and exempting corporate taxes.The third is the thinking and practice about the relationship between education and law.Zhang Jian believes that the process of running a school and managing a school must be carried out in accordance with the requirements of laws and regulations,and highlight the role of moral education.The fourth is the expansion of other legal thoughts and their practices,including criminal law,civil law,procedural law,and environmental resource protection law thoughts.These thoughts all reflect the values of“people-oriented” and “emphasis on education and light punishment”.In addition,based on Zhang Jian's legal thoughts and the content of his practice,this article makes bold theoretical explorations and innovations on the latest subject of ideological and political education in the new era.First of all,Zhang Jian's constitutional thought and practice are of great value to the current patriotism education.On the one hand,citizens must be confident in our country's state system.On the other hand,citizens should not only pay attention to the construction of state power,but also actively participate in the construction of state power.Secondly,Zhang Jian's economic and legal thoughts and practices provide new ideas for the current economic education under the rule of law: economic education under the rule of law not only involves market entities,but also government departments.At the same time,the content of legal economy education should include both macro and micro levels.Thirdly,Zhang Jian's thinking and practice on the relationship between education and law have given new inspiration to the current ideological and political education: First,the strengthening of norms is an important guarantee for the improvement of education quality.Second,ideological and moral education is of great value to the effective implementation of laws.Finally,Zhang Jian's other legal thoughts have opened up new horizons for the current ideological and political education,which mainly include four aspects: emphasizing the educational goals of cultivating innovative talents,emphasizing the educational principles of equal dialogue,advocating educational methods of rewards,punishments and incentives,and promoting people and The educational concept of the harmonious development of nature.It is undeniable that Zhang Jian's legal thought and practice have certain limitations of the times,classes,and consciousness.Looking at Zhang Jian's legal thought and practice from the perspective of comprehensively governing the country by law in the new era,the enlightenment for us is we should attach importance to the role of moral education in the maintenance of social order;in the socialist market economy,we must not only protect the property rights and other legitimate rights and interests of economic entities,but also regulate the business activities of economic entities in accordance with the law.At the same time,we must strengthen legal constraints on government economic management activities.Finally,we must not only pay attention to the useful exploration of the basic civil legal system,but also emphasize the construction of a criminal legal system that conforms to modern civilization.In short,as a modern Chinese thinker,Zhang Jian's legal thought and practice had a certain breakthrough and forward-looking nature,and also played a certain role in alleviating the irreconcilable contradictions between the people and the government at that time.This article hopes to have a clear understanding of the source of modern Chinese legal system through the discussion of Zhang Jian's legal thought and practice,so as to find new resources and source of strength for current ideological and political education.At the same time,with the guidance of Marxist theory,sum up its experience gains and losses,so as to provide useful reference for the great rejuvenation of the Chinese nation.