Shenjiaben Legal Thinking In This Study

Shenjiaben, a famous modern Chinese jurists, he's thinking of the legal guidance to direct the legislative practice of late Qing Dynasty, China's traditional legal culture of the precious spiritual wealth, in China's modern legal history, play a vital role.Shen thinking of the law of the late Qing Dynasty and the formation of internal and external situation and his own experiences closely related. After the Opium War, with the changes in the nature of Chinese society, the loss of sovereignty, the independence of the judiciary, law and culture in the West and the importation of Chinese traditional culture change in the law, people have Chatteris 1898, the Qing government also recognized that only 1898 in order to save themselves The rule in 1902 with the appointment of years of work experience and criminal Cao on the traditional Chinese law has an in-depth study of this Shen, Wu Tingfang to amend the law minister, to start legal amendments.In the process of amending the law, Shen this is the shape that the rule of law and stressed the ideological and moral education of the rule of law and safeguarding human rights to liberty and security of thinking, "good, evil," as the law applicable to the standard of equality, justice And the separation of the executive's thinking of the independence of the judiciary and other legal thinking. These where East and West, ancient and modern characteristics through legal thought, in turn, had guidance of the late Qing Xiu law practice for the modern system of law departments,Provides a theoretical basis for its "benevolent" theory reflected in the bourgeois freedom, equality, human rights, the legal nature of China's modernization has been open, the Law and Education Law to promote the China Law Society and Modern Law The development of education. Shen of the Chinese legal thinking in the history of China and the legal system in the history of the contribution should be and must be in the affirmative.However, as feudal officials, as the class and the limitations of the times, Shen also thinking of the law with certain limitations. In the relationship between law and morality, not out of the Confucian "Des de principal punishments," the traditional thinking, and thinking of the human rights of its modern sense of human rights is still a considerable gap.A century later, modern people to look to the law of the judge Shen ideological limitations, it is inevitable that "theharsh criticism".These deficiencies, and Shen of the Chinese legal thinking in the history of contributions to, is negligible.