The Comments On Thoughts Of Ethic Faction

Under the complicated historical setting of nineteen ends of the century , the late Qing dynasty had to implement new deal and constitutional reform was one important matter .The courtesy battle of latter stage of Qing Dynasty took place in the course of constitutional reform, and it was dispute about the main guidelines of the constitutional reform between Zhang zhidong,Lao naixuan, the chief representatives of Ethic Faction ,and Shen jiaben,Yang du, the chief representatives of the law Factions. This paper introduces the argument of three rounds in detail, and the representatives' legal thoughts of the Ethic Faction in detail too, at last analyzes their thoughts objectively and rationally. The Ethic Faction which can help us to recognize and settle the problems in our progress of law modernization.The first part is the introduction about the courtesy law battle of latter stage of Qing Dynasty and the ethic Faction. The Chinese economic, politics and culture had a lot of changes with the invasion of the western capitalism. The conflicting of social problems got serious, so the rulers decided to carry the legal reform in order to keep their rule right. The courtesy law battle took place in the course of constitutional reform and in this process had formed the Ethic Faction, the law Faction. Both sides had carried on three round arguments .In this part the arguments of both sides are introduced in detail.The second part is the representatives' the thought of the Ethic Faction and this part is very important in this paper. This part introduces the thoughts of Zhang Zhidong, Lao Naixuan and their thoughts are representative very much. Analyzing their position about Chinese legal reform, understanding of the western legal system .At last, It also compares the thoughts of Zhang Zhidong and Lao Naixuan at last.The third part, comments are elaborated about the thoughts of the Ethic Faction. This part is the core of this paper. By analyzing the arguments promoted the social progress , therefore are rational arguments .In this part ,It debates the reasonable aspects in three aspects, respecting the culture the historical succession, paying great attention to the continuity of the social development, understanding prudence of the law reforming .At the same time this part also introduces the limitation of their thoughts.The last part is modern enlightenment of their thoughts. The thoughts of the Ethic Faction can help us to recognize and settle the problems in our progress of law modernization. If we want to accomplish legal system's modernization, we have to introduce the West advanced legal regime. But the difference is obvious between China's legal culture and West's legal culture, when they meet they will conflict. Therefore, it is especially important that we processes well the relation between Western advanced legal regime and Chinese tradition legal culture.