Commentary On Montesquieu's Regime Thoughts

The target of this thesis is"Montesquieu's regime thoughts", the purpose is to deeply analyse its connotation and strengthen my understandings towards it by means of carding and inducing its main contents. Then appraise it by consulting a mass of related information, and furthermore raise personal opinions on the basis of active thinking.The whole thesis is divided into three sections. The first section is"the classification and principles of regime", two aspects included:The first aspect is"the regime classification of Montesquieu and its meaning", which elaborate the content, standard and value of the regime classification raised by Montesquieu. Montesquieu divided regime into three sorts: republic(domination of all or parts of people), monarchy(one rules according to law) and autarchy(one rules by self-will). This kind of classification means not only inheriting the classic regime classification----quantitive standard means in the European political legal history, which divided regimes by the standard of dominator's number, but the more precious value is that, it indicated the extremely close relation between regime and law, which divided regimes by the standard of"rule by law or not", it mostly embody the soul of Montesquieu's thoughts---the spirit of ruling by law.The second aspect is"principles and corruptions of regimes". Montesquieu considered that regimes of different qualities have different principles: the principle of democratic regime is moral; aristocratic regime is abstention; monarchy is honor; autarchy is horror. Montesquieu's dissertation didn't connect regimes with national characters, so it was unscientific. His error didn't lies in incomprehension, the same political systems and regime rules indicate different contents in different social institutions. But Montesquieu's proposition about regime principles has its advancement in history, he firmly against autarchy, affirmed the superiority of republic, which itself has revolutionary meanings. Montesquieu also discussed about corruptions of different regimes and measures to prevent corruptions.The second section is"Montesquieu's estimations to regimes", including five aspects:The first aspect is"Montesquieu's attitude towards republic", republic is divided into two parts——democratic regime and aristocratic regime. Democratic regime is that when the whole people hold supreme power; aristocratic regime is that when only parts of the people hole supreme power. Montesquieu divided democratic regime into direct democracy and representative democracy, he opposed to the former and favored the latter. Montesquieu believed that aristocratic regime is the most approachable form to monarchy, he also noticed the contradictions and conflicts resulting from the inequality between aristocrats and civilians. The author expressed some fundamental thoughts when Montesquieu compared these two regimes.The second aspect is"Montesquieu's attitude towards monarchy", Montesquieu's monarchy includes two forms, the first one is Frenchy monarchy; the other one is Anglicism constitutional monarchy. Their common ground is that: various of powers all submit to the reign of law, regality bears restrains from other power forms. Montesquieu quite favored the latter form, he advocated establishing monarchy in France"in light of Britain form". Montesquieu put forward his personal opinion based on the Anglicism monarchy, he claimed to separate the legislative and administration, and divided the jurisdiction independently, which was further than Rourke's theory.The third aspect is"Montesquieu's attitude towards autarchy", Montesquieu firmly opposed to feudal autarchy, in his books, we can see his ruthless disclosing and profound criticism to feudal autarchy. Montesquieu said autarchy was"violent institution", and he called despot a tyrant, he thoroughly analysed the root reason which caused corruption of bureaucracy under autarchy, and disclosed the tragic destiny of the numerous masses under autocratic domination. Besides, Montesquieu especially criticized the autarchy and tyrant rulings of oriental countries. Montesquieu's criticism to autarchy is progressive in that time, but the author thinks that, autarchy wasn't useless at all in the history of regime, and simply analysed its advantages.The fourth aspect is"Montesquieu's attitude towards Chinese political system", Montesquieu was interested in China for a long time, in his masterpiece"the spirit of law", there were a majority of chapters concerning China. The author aims at Montesquieu's evaluation about China in his books, makes simple analysis to China owned autarchy, and raised personal thought.The fifth aspect is"estimations to Montesquieu's regime thought", the soul of Montesquieu's regime thought is the spirit of law, which is Montesquieu's fundamental standard to divide regime, as well as his objective criterion to estimate regime. But Montesquieu's regime thought is also unscientific, he didn't and also couldn't connect regime and national character to make investigation, so he couldn't really disclose the essential of regime. The author expresses her personal ideas towards the connotation and kernel of Montesquieu's regime thought, on the basis of the comprehension and analysis to it, combined with Montesquieu's respective attitudes towards these three regimes.The third section is"the historical position and influences of Montesquieu's regime thought", including two aspects:The first aspect, the author analyses the academic and practical values of Montesquieu's regime thoughts, by two aspects including politics development and social practical development. There are mainly four points: First, Montesquieu's thoughts make great influences to shape the theories of subsequent ideologists. French materialists inherit Montesquieu's tradition of criticizing feudal absolutism, and go further on the basis of Montesquieu's thoughts. Second, Montesquieu quite favored Anglicism constitutional monarchy, and he put forward his famous theory"separation of the executive, legislative and judicial powers", which consists of integrated academic conformation of the democratic conception. Third, Montesquieu's regime thoughts, especially his spirit of law, powers restraining thought and constitutional monarchy, make significant influences to many latter political theorists and enlighten ideologists. Kant, Schelling, Hegel accepted Montesquieu's thoughts. Japanese enlighten ideologist Western Chou, Chinese neoteric enlighten ideologists Kang, Tan, Liang and revolutionary democrat Sun were also given Montesquieu's profound infection. Fourth, Montesquieu's regime thoughts make great and far-reaching affections to the world bourgeois revolutionaries. The spirit of law and separation of powers were political theories and creeds of French early bourgeois. Montesquieu's advanced thoughts also deeply influenced the establishment of American political systems, American politicians founded federal republic country rightly conformed to Montesquieu's political theories.The second aspect is"indications to socialistic countries". Although Montesquieu's thoughts emerged in the enlighten epoch of 18th century, which makes guiding functions to western bourgeois revolutionaries, Montesquieu himself was a representative of the new bourgeois. But the soul of Montesquieu's regime thoughts---ruling by law, also has useful and indicative functions to socialistic countries. By ways of long-time gropes and practices, many socialistic countries including ours realized gradually that, national powers must be restricted, powers which haven't restrictions are supposed to lead to corruption, the most efficient instrument to restrict powers is law, socialistic countries have no exclusion, too. So, the author sums up the concrete reasons about why national powers should be restricted.