| Liang Chi-ch'ao is a famous thinker, politician in modern China. And his political practice and ideology have important influence on modern China. This paper pays examines the thinking of the western political theory and choice of the route of this modern times to theoretical foundation of "rule of law" of Liang Chi-ch'ao as a jurist, This article consists of two parts expounding "rule of law" of Liang Chi-ch'ao and the development courses of his thoughts separately. To exactly grasp Liang's complicated and various thoughts and exploring meaning through reading his original works. About 60,000 words of full textPart one researches the theoretical foundation of Liang's political ideology mainly, We have chosen and start with from his unique viewpoint of "group-indivials "(means freedom ) and theory on human nature. Research shows, it's not just as most theorists indicate: Liang is a collectivist, even if the pleading of individual rights has a land of collectivism characteristic. On the contrary, Liang Chi-ch'ao has relatively high acknowledgement of individual's right and freedom. Certainly, he is not sheer liberal in western sense, for he actually hopes to seek harmonious balance between the group and individual, whose standpoints was the establishment of perfect system so as to define rights and obligation of individuals under law. Supposing the protection of individual rights is just one aspect of "rule of law", the other aspect should be the distrust to power and its exercise and further the restraints appealed to the law. The feet is really like this too, in Liang 's political ideology, because the pessimistic understanding to the human nature , Namely there is relatively strong"dim consciousness" in its thought, make him emphasize standardizing and retraining power by way of system. Furthermore, he emphasized that beauty of governing by constitution is a symbol of civilization.We look closely at Liang's rule of law thoughts under these basic theories. Because of the special scene in modern China and character of Liang's own .This makes his thought different in different times .keeps his thought constantly developing and his rule of law thoughts are full of contradictions and self-split .but forming special theory of law during his mature thought .In parttwo, we reviews the developing courses of Liang's rule of law thoughts:First, the radical periods of thought, Liang Chi-ch'ao has already realized the poverty lies in the feudal autocracy poverty-stricken and weakly of China, while wesrern prosperty came from its good political system, on the basis of the attention to democratic politics, Political ideology and theory that he introduces the west to the compatriot fulling of passion. Come to treat "rule of law" from the angle of the evolution, he detailedly explained the meaning in the individual rights and freedom, The basic basis implemented is the constitution, legislative power of people is concrete way of realization governed by law. Its wants justice to lie in the authoritativeness of the law can be with the equal quality basically, "rule of law" is good law, etc.. It is not difficult to find, he has quite deep understanding to the thought rule of law of modern.Second, the twists period of the thought, Liang Chi-ch'ao realized the" law" was a social phenomenon, he begin to combine the idea of western law and some intrinsic legal resources originated from China's traditional culture, which led to his full description on definition such as "rule of law", "nation governed by law"and etc. This is a respects that is condemned most in his "rule of law" thought too. Article carries on a new explanation as to this, regards the choices of Liang is a kind of new teaching way , contrast the western theory , interosculate tradition and modem under the circumstance of the western theory. At this periods, his concrete usage of means seems somewhat clumsy, or even overdone.Third, The mature period of the thought, after the Revolution of 1911, Liang came to a thorough understanding on the composition of the n... |
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