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Wu Ting-fang Legal Thought

Posted on:2002-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:C L HouFull Text:PDF
GTID:2206360032956401Subject:Legal history
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Wu Tingfang, the advocate and the leader of the modern Chinese legality, play a great role on the modern Chinese legality. Studying his legal ideas can help us understand the modern Chinese legality The evolution course of Wu抯 legal ideas demonstratives the shape of ?V ~ ,which stands for the period of formation ,rcforrn and extension irresl)echvely An the period of formation ,Wu determines his life targct to put down roots to establish the western legal system in China An the period of reform ,his legal ideas is trying to reform the Chinese society .he proposes that the laws should be enacted to prompt the development of commerce, the western legal theories and the law principals should be adopted to reform the Chinese feudal laws, and the western judicial personnel system should be introduced to impair the jurisdiction In extension period XVu抯 legal ideas enlarges on the modern constitution ideas and the judicial independence ideas . Analyses his constitution ideas, we can see that Wu support the republicanism heartily, objecting the feudalism firmly, speak in favor of the rule of the law, whose kernel is protection of civil rights, and proposes no one is above the law. Meanwhile, Wu points out that the education of civil is a key factor to fulfill the rule of the law . In his judicial independence ideas, Wu suggcsls that the separation of judicial power with administration power should be realized ,and the extraterritoriality should be reclaimed. Wu抯 diplomacy career prompts the development of his international public law ideas, which emphasizes that the states whether big or small, strong or weak, should all enjoy equal rights in international relations and receive the mutual respect. At last, the dissertation assesses briefly Wu抯 role in the modern Chinese legal history. Wu is considered have made great contribution to break down the Feudal laws, introduce the western legal system ,and set up the Chinese modern judiciary.
Keywords/Search Tags:Ting-fang
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