The Early Republic Of China Law And Revolution - A The Yao Rongze The Case And Song Han Zhang Case, For Example,

This paper will take the Yao Rong-ze Case and the Song Han-zhang Case early in the Republic as the historical clairvoyant point, and by analyzing Wu Ting-fang's and Chen Qi-mei's different attitudes towards the two cases and the historical evolution of the cases, focusing on discussing the conflicts between the law and revolution in the Xinhai Revolution Period. This paper believes that the two cases occurred due to the fact that the revolutionaries represented by Chen Qi-mei pursued the greatest interest for the revolution. The focus of the controversy between Wu and Chen in the two cases lies in the problem which is primary and which is secondary, law or revolution. Wu emphasized that since the Republic had been established, ruling by law should be realized, and that law was of paramountcy and that everybody should abide by the law. Chen argued that the revolution had not succeeded yet and that there would still exist countless difficulties and resistance. Therefore, Chen thought that revolution was overwhelming in the Revolution Period and that everything else should be subject to the revolution. Greatly as Wu's and Chen's opinions contrasted, they both based their arguments on the Republic and took the foundation of the Republic as the prerequisite of their claims, which served as the conditions for mutual compromise. The Yao Case and the Song Case was the result of the compromise.Finally, this paper claims that the Chinese law was greatly renovated through the revolutionary legislation in the Period of Nanjing Temporary Government. However, during the transition Period when the revolution had not succeeded, the ideological domain including the law conception hadn't been thoroughly revolutionized. What's more, the law and revolution were not in harmony, but in conflicts. Chen dealt with law in the revolutionary thinking and considered that law should serve revolution, which was a kind of revolutionary action taken to meet the needs of revolution under the complex and cruel political circumstances, which should be exempt from criticism. Whereas, Wu's argued that ruling by human and replacing law with power should be opposed, and he insisted on ruling by law and he earnestly practiced what he advocated, in order to secure that the Republic was a real democratic country ruled by law from the very beginning. That should not be negated.