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Study On Zhang Youyu's Thoughts About Democratic Constitutionalism In The Period Of The Republic Of China

Posted on:2008-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:K WeiFull Text:PDF
GTID:2166360215990551Subject:Legal theory
Abstract/Summary:PDF Full Text Request
It is an important stage for Zhang Youyu's academic activities in the period of the Republic of China. This time, he unified our country's democratic constitutionalism movement, stood on the masses' standpoint, published a series of penetrating work, formed scientific theory construction and the ideology on the problem of democratic constitutionalism. As one of leaders in the Chinese People's Union for Saving the Country, he had firm and the rigid faith regarding the democratic constitutionalism. His correlation thought and theories, has the important status in the Chinese democratic constitutionalism thinking history, and it is also meaningful for giving us inspiration and the model significance to the true implementation of democratic constitutionalism in our country. This article takes Zhang Youyu's democratic constitutionalism thoughts in the period of the Republic of China as the elaboration object, studies the background of its development and Zhang Youyu's basic illustration about the democratic constitutionalism, analyzes its democratic constitutionalism position specifically the thought connotation. The article is for the purpose of making a system combs and comprehensive inspection of Zhang Youyu's democratic constitutionalism thought in the Republic of China.The article is consisted of three parts: Introduction, Main body and Conclusion. The Introduction includes brief introduces Zhang Youyu's democratic constitutionalism research condition and historical situation. The motivation and purpose of writing this paper, as well as the realistic significance of such a topic is given in the introduction. And finally the preface explained the logic through the whole thesis.The main body is made up of two parts. The first part is about historical factors of Zhang Youyu's democratic constitutionalism thought in the time of the Republic of China from time and thought background. The second one is about his concrete thoughts on constitutional government. There are three major points as follows. Firstly, Zhang Youyu's illustrates basically to the democratic constitutionalism. This section takes Zhang Youyu's direct elaboration as the basis, unscrambles the meaning of"democracy"and"constitutional government"; thus pointes out emphatically Zhang Youyu's the constitutionalism is based on the democracy; the Legal Administration and the human rights idea important status which as well as its contains for the being converted to thought. Next elaborates Zhang Youyu's view on Legal Administration taking his democratic constitutionalism thought as the linguistic environment. Annotates the implication about Zhang Youyu's view on Legal Administration and takes narrate and comment in the foundation of comparison with the liberalism intellectual's with the Republic of China time liberalism intellectual's. Finally elaborates Zhang Youyu's view on human rights. This section is similar in the writing technique with the upside. His human right can be divides into the civil right and other people's free right, in which the first aspect is the key. On the human rights safeguard, he indicated the relation between legal and the human rights, and proposed some concrete principles. Although there are some similarities on the views about human rights, Zhang Youyu and the liberalism intellectual's view are basically different. As the important content in his democratic constitutionalism thought, Zhang Youyu's human rights view was formed on the foundation of comprehensive native place resources and modeling external experience forms. It is the result of the choosing and the transforming the human rights thought overseas according to the national condition. So it is the view of specific time.The last part of the article summarized the thesis.
Keywords/Search Tags:The period of Republic of China, Democratic constitutionalism, Zhang Youyu, View on Legal Administration, View on Human Rights
PDF Full Text Request
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