On Hu Han - Min 's Legal Thought

After the Opium War with the door open by foreign invaders, China’s socio-economic, class, politics, culture and structure have undergone enormous changes. Wang Tong Chinese traditional society, family systems, a total of three-dimensional configuration of Orthodoxy structure also suffered the destruction of foreign cultures, learning from the advanced intellectuals of Western material culture to culture system, to achieve salvation and prosperity of the country’s revolutionary ideals. Hu to Japan in the Law School academic background, followers of Sun Yat-sen’s revolutionary cause, the introduction of advanced Western Legal Culture in China. He, as the government’s first Legislative Yuan Republic of China in Nanjing, participate in office hosted 16 Code created, laid the foundation for the "Six Laws" system. Such laws elite group for the modernization of Chinese law has made a significant contribution to the Chinese in order to achieve the inherent purpose of the law and the West following the integration by law, Hu absorb advanced Western positivist legal practice in respect of traditional Chinese society on the basis of Thought, through the "social standard" and the Western concept of sociological jurisprudence traditional Chinese national laws and family-oriented country as an opportunity to co-construct a similar legal value orientation, in order to reduce the resistance of domestic social change, the abolition of all unequal treaties as soon as possible to recover the consular jurisdiction.Specifically, in the first chapter, first introduced Hu deeds, to evaluate his character, and then describes his background of the times and changes. The second chapter, the origins brief Hu Legal Thought- Sun Yat-sen’s Three People’s Principles, and then introduces the development and changes of the characteristics of Western positivist theory of law and reason in our country can be transplanted. The third chapter focuses on Legislation Thought of Hu constitutional thinking, thinking civil law, judicial thought, thought international law and land law, labor law thinking. Restore from the main historical appearance of Hu proceedings, speeches and writings, as a full and wide digging out his legal thinking. The fourth chapter, places Western Positivism Legal Trend of development as a clue to the natural law assigned to the empirical analysis law school and then law school social history of legal thought Hu discussed ways to expand the feature that the ancient Chinese Legal Thought abandon the Western legal theory localization reintegration innovation of traditional Chinese legal culture. Chapter V, Section discusses the impact of Hu positivist legal thought. The first is his influence in the legislative practice and judicial practice of Republic of China Government Period to make sure. Section, the status and role of the social history of modern legal elite group discussion simple, then inductive deductive methodology, developed under the auspices of Hu participation in the social reality of the objective evaluation of the effect of the law, there are positive and negative. The last one, discusses the significance of Hu positivist legal thought on contemporary Chinese society in transition, and the establishment of democratic countries need to pay attention.In sum, Hu legal thought is based on traditional Chinese legal culture, due to various reasons the history of class society, to promote the absorption from Western scientific positivism legal ideology, "social standard" consciousness as an opportunity to co-construct " legal socialization " values. Regardless of the social revolution, or whether the current social reform, it has great significance.