The Fracture And Revive Of "the Law From Human Sentiment And Reason" In The Late Qing Dynasty

In China's archaic laws, reason has a conception, including common sense,laws of Nature,human feelings, due to the requirement of maintaining feudal regime order. Due to efforts made by the feudal rulers to promote laws of Nature,with the Confucian "Li" as a guide,is the core of reason.Pursuit of laws of nature doesn't only run through legal field, moreover, even objectively, on the one hand,reason pursuit makes China's archaic laws understood and accepeted easily;on the other hand, reason pursuit processes moral human relations compression inevitably..Tranditional laws are understood on the basis Of "Human Sentiment and Reason", during long feudalistic society, either in the field of legislation or judicature, reflects its reason pursuit which achieve the glittering traditional law culture.However, in recent years, traditional, with "the three cardinal guides and the five constant virtues" as the guide,displays moral human relations compression which leads China to fall behind as well as the whloe superstructure law, after harrowing experience of the chaos of Gengzi, supreme ruler of the feudal society recognize this piont,so in the new policy of late Qing dynasty after the chaos of Gengzi. Shen Jia-ben and Wu Tingfang is entrusted with Legal Reform. Shen Jia-ben is not only deeply versed in Chinese and Western academic in the field of law,but also rich in bureaucratic experience,hence,the whole revise process is almost led by Shen Jia-ben from start to finish.On the one hand Shen Jia-ben is good at resolving the problems produced by legal reform by applying a tranditional reason analysis method; on the other hand, he exerts a subtle influence on legal reform through introducing a great quantity of western modern reason thoughts,desiring for achieveing mastery through a comprehensive study of the subject and making foreign things serve China. Although, conservative camp's obstruction cause enormous surviving feudalism remained,established legal system is propelled by politic policy then. Tranditional Chinese legal system disintegrated since Qing dynasty revised law,however, Chinese single-minded pursuit of reason in the field of law have not changed, but continued down to the period of the Republic of China,even after the founding of New China. The older generation of revolutionaries Xie Juezai who has a deep insight into tranditional "Law from Human Sentiment and Reason" emphasized time and again,at every occasion,that good law sounds reasonable after in charge of law work during the period of the new-democratic revolution. The pity is that his assertion about reason basis of law didn't arise adequate appreciate at that time,which led to neither human Sentiment nor reason involved in political campaigns,especially in Cultural Revolution, after the Founding of PRC; legal system is corrupted..Tanditional power can not be ignored. One hundred years later,the pursuit of reason is still deep in my heart which is reflected in our language and behavior. Public's attention and surpervision toward hot case exert a positive influence on guarding legal justice.The concept of harmonious society added some new flavor to reason. Meanwhile,exploring the native tradition Legal Culture essence causes more attention.The Law from Human Sentiment and Reason does not vanish,creative reform is needed.