Cai Lower Balancing Legal Theory Conscious

The present china stresses the transfer from made in china to created in china, whether in the natural technical or in the social sciences. However, the knowledge innovation in the social sciences is not the easy thing, it is established based on the grasp of the characteristics of the times, the general concern of social reality and the full interpretation of ideological resources.it is same to the jurists. Cai shuheng, is been honored as one of the Chinese third generation jurist, facing the comprehensive invasion of the western cultural and the disintegration of the Chinese traditional society, proposed his famous dissertation "created in china", opening the aware development of Chinese theory of law. Afterward, China generally receives the theory of Soviet Union "the country and the legal jurisdiction" as a result of the historical reason, the Chinese jurist's speaking was treated as the spokesman of bourgeois rights and camouflage in the history. Now, when we face with the problem of the west and east again, we are unable to recall the hundred year ago of china, return to the first reforming time of tradition, look back the first generation's analysis according to these questions, becomes the important resources of the Chinese legal science research to move toward the self-conscious from the criticalness.Cai Shuheng as one of jurist communities in Chinese modern times, both accepted the elementary education in the private school and received the thought initiation in the western school; both has the academic background in the overseas, undergoes the standard and the strict legal science training, and then returning to homeland, is engaged in the teaching and practice, has become the east nucleus of law reform and the introduction of western learning in china at that time. On the one hand he is engaged in the teaching, on the other hand he writes books, left many significance thought resources. While carries on the inquisition to its academic thought that the author discovered that he not only has comprehensive and the profound understanding to the Western theory, but also to Chinese traditional thought resources, in the process of his resonsideration and critique manifests his theory consciousness all the time, this may be the essence to his thought. Therefore, the inquired into his theory consciousness becomes the subject of this article.The article plans to divide into five parts. The first part is an introduction, mainly introduced the origin of the research and its present situation, as well as the main subject of this article;The second part has mainly analyzed the time resources which in Cai Shuheng's theory consciousness, mainly from western and eastern backgrounds; The third part carries on the understanding emphatically to his theory, discussed the basic contents of his theory consciousness;The fourth part gradually inquires into his theory consciousness, found the essence and the home of its theory; The fifth part namely correct understanding of Mr. Cai's theory and its defects, as well as proposed some new understanding. The final conclusion part summaries the value of his theory consciousness and some deficiency in this article, as well as refers the direction for later period's theory research.