Shenjia This "thought

Shen Jiaben is famous jurist in modern China, and he is also advocate of the reform of legal system of the end of Qing dynasty and leader of reform party of legal system. Based on summarizing China's feudal law and important content of several modern legal systems of capitalist countries systematically, Shen have formed his own ideological system of law science, and was praised as the first person in "Distinguish and Collect the best part of China and foreign countries" in law science and legislative practice in modern China. The legal thought of Shen is extremely abundant, this paper is on the most valuable among them, part of the richest and characteristic ----"Harmonization and Transfixion" thoughts will be studied.Under the influence of the spread of western law science and the transfer of Chinese traditional legal thoughts, Shen Jiaben has formed the characteristic thought that named HUITONG in Chinese, means "Harmonization and Transfixion" during judicial practice. Serve as the law minister while taking charge of revising law, Shen originally regarded "Harmonization and Transfixion" thought as guideline, to translate the foreign law, introduce the law of capitalist countries; Set up law school to study west laws; advocate and practice reform feudal legal systems, revise the unenlightened and uncultured barbarous part of "Qing dynasty's criminal statute"s; have made "Qing dynasty's big fresh criminal law" , "criminal civil procedure", "bankrupt law" with some capitalist nature code regulations. These actions made China law with character as "all status in one law" lasting more than 2,000 years take place great change.The Shen Jiaben's thought of "Harmonization and Transfixion" not merely influences the end of Qing dynasty's constitutional reform and the revising law activity, and delivered an important influence in modernization of Chinese law. "It can conciliate China and the west, transfix in the ancient and modern, help to enforce and manage state affairs"--- The law science blueprint what he describe have democratic, scientific character. Therefore, as the guide of Chinese legal modernization, Shen Jiaben made unique contribution to Chinese legal system's modernization. However, it should be pointed out that the national conditions of China's semi-colonial and semi-feudal society and Shen's special personalities of feudal bureaucrat and enlightened thinker determine it is impossible for him to cut off all connection with feudal law. Shen Jiaben's thought of "Harmonization and Transfixion" has its own limitations of the class and era.