On Liang Qi-chao's Thought Of Ruling By Law

"Ruling by law"is one of the strategies of managing state affairs which bourgeoisie assiduously sought for in modern China. After the mid-nineteeth century, the communication between China and the West gradually increased ,during which the thought of ruling by law came into China. Among the modern progressive ideologists, Liang Qi-chao made a noise in the world for his enthusiasm about propagandizing and advocating the western idea of ruling by law. He absorbed the idea of"ruling by law"from western bourgeoisie and used it for reference on the basis of critically inheriting the traditional law culture in China and defined"ruling by law"from the aspects of"gist","basis"and the"root". He also constructed his ideal"edifice of ruling by law"according to constitution, on the basis of congress and on the foundation of judicial independence.Liang Qi-chao pointed out, establishing a consummate constitution was the premise of ruling by law, otherwise,it would turn out to be water without a source and trees without roots. Therefore,he paid much attention to constitution and proposed that legislative power should belong to most citizens who could participate in making a constitution. At the same time,the constitutionality should abide by certain procedures and principles, implementing the conciliation between"national right and citizenship","legislative and executive power","centralization and localization".Constitution doesn't mean ruling by law. Implementation is the vital point.Aiming at Yuan Shi-kai's filthy scandal of fiddling with Provisional Constitution,Liang Qi-chao acutely indicated that a great importance should be placed upon practice, without which the apparent perfect constitution was a mere scrap of paper. Liang Qi-chao thought that civil rights are the basis of constitutionality which could guarantee civil rights.And, only through promoting civil rights, a real state of ruling by law can be founded.He deemed the citizens'ignorance and proposed establishing schools, setting up academies, suggesting the local autonomy to unlock the wisdom of the common people, the gentry and the officials to foster the new citizen to meet the needs of ruling by law. The judicial reformation is the key point to actualize the constitutionality. Liang Qi-chao is not only an active advocate of the thought of independent judicature,but an energetic practicer. The days when he served as the chief of judiciary was the time when Liang Qi-chao innovated the Chinese judicature,...