The Thinking Model And The Growth Of Legal Theory In China

This thesis consists of the preamble and the main body. The preamble discusses that the renewal of the thinking model can advance the growth of the legal theory. Though rapid progress on the legal theory has been made by now ,it hasn t done enough, It ?s thought by the scholars that the antiquated ideas and the out-of-date thinking model is one of the most important element which whnders the growth of the legal theory . Peoople must renew their mind and the thinking model in order to advance the growth of the legal theory. Therefore,studying the relation of the renewal of thinking model and the growth of legal theory can helps people to improve subjective factors and study the legal theory in various point of view and by wvrious ways. Then the growth of legal theory wiu accelerate.The main body is divided into three partsPart I The transformation of traditioal wodel of thinking and the inno vation of legal theoryThe thinking model is the way in which the thought is done. The key dlements of forming thinking model consist of kvowledge, value and thinking ways, The thinking model can influence the Casting of a culture and the way of thoughtHolisty was the radical feature of the Chinese traditional model of thinking . The traditiional model of thinking consisted of holistic values , It had control the Chinese people for many years . In Modern Times, it was transformed and the dnowledge, ideas, thinking ways and humanist values were renewed.In ancient China "Li" thought was the mainly legal thought . It had controlde the whole country for many yrars and hindered the growth of legal thought .Till modern times ,the legal theory began to innovate by absorbing the Western legal thought.The traditional model of thinking was one of the most important element that brought about the forming of the traditional legal theory. It had remained stable in ancient times . That brought about the stability of the traditional legal theory correspondingly. In Modern times, based on the transformation of traditional model of thinking, the legal theory began to invovate.part I The dogmatized model of thinking and the growth of legal theory.After the Peopl&s Republic of China was founded, the thinking model had changde ty following the change of the socialty. In 1949-- 1977,it had changed from a various and unified one into a simplified one and ossified into rigid dogma finally.In 1949--1977,the growth of legal theory was divided Into three stages:]. The early growth of legal theory(1949- - 1956); 2. The slow-down in the growth of legal theory( 1956- 1965); 3. The destruction of the legal theory(1966-1976).Based on the various and unified model of thinking the legal theory growed very fast in early time. But there also had many shortcomings in it . Then following the change of the thinking model, the growth of legal theory began to slow down and finally it was destoried eomepletely.Part Ill The modernized model ~f thinking and the advancemant of legal theoryAfter thereformation is carried out ,the thinking model has begun to renew and try to trun itself modernized . It becomes more and more open,various and creative. The renewal of thinking model is divided two stages:l. The early modernized(1978-1991); 2.The advanced modernized(19~l2- ).3After 1978, the legal theory develops very quickly. Much studying has been done and a rapid progress has been made. In this period ,the advance mant of legal theory is divided into two stages:1.The early development of legal theory; 2. The accelerated deve lopment.Based on the renewal of thinking model the legal theory has been restored and advancde very quickly. But the level of the modernization of the thinking model has remained poor, which has become the important element that handers the advancement of elgal theory.If the thinking model doesn ~t modernize, the legal theory can t modernize either. So the research workers must further emancipate their mind and modernize the thinking model in order...