Hu Three Principles Of Legal Thought

The socialist country ruled of law has a close relation with traditional cultural contest, esp with the modern development of Chinese law. The purpose of this paper is to provide some guidance for the contemporary legislative practice of China. this paper is composed of six parts:introduction,chapter1, the background and the source of Huhanmin's legal thoughts; chapter 2,Huhanmin's legislative guidance of three people's principles; chapter 3, the practicing government'and institutional theory of the ,legal; chapter 4,the thoughts about civil legislation ,land legislation, labour legislation ,under The Three People's Principles; chapter 5,comment on Huhanmin's legal thoughts of The Three People's Principles.Before the comment on Huhanmin's legal thoughts of The Three People's Principles, this paper gives an analysis no the forming of Huhanmin's legal thoughts through two parts. One parts introduces Huhanmin's personal history for the readers to understand Huhanmin's social position in Chinese contemporary legal development in general. Another part introduces the background and the source of Huhanmin's Three People's Principles for the purpose of Huhanmin's era in which the political, economic ,ideological, legal thoughts were in a changing world. At the same time, attention was paid on the relation among Huhanmin's legal thoughts, Sunzhongshan's Three People's Principles and the French Duignit's social joint theory.The focal points of the paper was placed on the contents of Huhanmin's legal thoughts about The Three People's Principles. In this part, the analysis is first put on the Huhanmin's legislative guidance of The Three People's Principles, including his thoughts on the basic social position, the fitting in with the needs of the society, stressing the rule of law and the regaining of sovereignty through legislation, etc. secondly, this paper discussed Huhanmin (practicing government) and institutional thoughts of Three People's Principles, including the rule by party, the autonomous governments and the five branches of government. Finally, this paper analyses the argument between Huhanmin and Jiangkaish about the constitution.In order to give a full explanation about Huhanmin's legal thoughts of The Three...