Preliminary Study On China's Legal Position Of Montesquieu

As we all know, Montesquieau had a specific attitude to Chinese legal systems, by contrast to his peer scholars. This dissertation is an interpretation to why Montesquieau had this attitude, or what theoretical backgrounds and political position made Montesquieau in this perspective, by a concrete textual analysis to one of Montesquieau'sclassics--Spirits of Laws. The intention of this dissertation is todifferentiate Montesquieau's jurisprudence and those of other scholars at that time and give a proper commentary on Montesqiueau's theory: Montesquieau's construction of "Rational Realm" was more confident, and his basic and scientific position to laws of other non-central civilizations complied to principles from his abstract nature and reason.The article is composed of three parts: introduction, body and conclusion and about 30,000 words.Ⅰ, Montesquieu China issue originated. Chinese traditional culture to describe the focus of legal enlightenment thinkers have vision problems background and introduction to the French Enlightenment "China fever" and the formation of reasons. Montesquieu stated on the basis of Chinese culture in particular to the unique legal culture and found that such a realistic way.Ⅱ, Montesquieu of Chinese law. The auther mainly elaborates Montesquieu "three polity" division of the Chinese political and legal position and referres to Montesquieu specific example of the Chinese legal system to further address the basic elements of its Chinese legal concept.Ⅲ, Montesquieu's theory of China's laws and stand. Enlightenment ideas of Montesquieu and rational legal concept created very significant impact, but also promoted its further promoting enlightenment thoughts. As enlightened jurists Montesquieu community as a whole will be the rational structure, the structure of the natural world was subject to the laws governing material contains human there should be no exceptions.