To Explore China And France's "spirit"

As one of the great law-thinkers who know most about China as a Frenchman in 18th century, Montesquieu's viewpoints of Chinese law have widely and deeply influence on western and Chinese academic circles. In 17th and 18th century, China had attracted extensively attention from western European countries, whereas Montesquieu takes federal autocratic political system of China as a typical style, which becomes his arms and references to criticize French political reality. The academic thought of rational inspects and criticizes on Chinese traditional political system, which is started by Montesquieu, whether it is correct or not, has important enlightening and referential meaning for ue Chinese reflecting our own legal tradition today.The theory of spirit of laws is Montesquieu's theoretic base and premise. Montesquieu thinks that the law of every nation is confined by political system, morals, religion, climate and geography etc, and the above factors closes tightly, comprehensively forming spirit of laws. The direction of spirit of laws is inquiring about the essentials of things, and it focuses on logic of idea and furthermore emphasizes on realization of idea in empirical world. The spirit of laws embodies significant historical conscious and objective substantial conscious of ideal realization implies in legal concept which is disclosed by Montesquieu, and it is close to later Hegel's concept of national spirit.Montesquieu believes the spirit of laws is exist among laws and relations of all kinds of things, and among these factors, the most important relationship is of relation with government form. He distinguishes three government systems as follows, republic, monarchy and autocracy, and does further study on their different spirit principles, namely virtue, reputation and fear. The laws of different political system have different characters. Begins with analyzing Chinese government form, Montesquieu studies Chinese law, and his seeking for spirit of Chinese law is in fact judgments and interpretations of character of Chinese government form, social structure, and rites. As a typical federal autocratic government form, Chinese style is completely displays terror spirit principle which information has close relation to its climate, geography, social structure, ethics and customs etc.Montesquieu's argument of Chinese issue is mainly focus on political system and rites, which actually are combined with each other. Montesquieu believes combination of religion, laws, and customs and rites is of Chinese characteristics, and he analyzes how Chinese realize it in details, which indicates he has clearly understanding of Chinese rites on national ruling. Although he appreciates Chinese rites in certain degree, even believes rite is the secret of successful Chinese administration, he points out sharpely that "there is no spirit essentials in rites", and critics overall Chinese spirit substance for all. But the Chinese academic circles have short of understanding of this thought for a long time.There are many paradoxes in Montesquieu's theory, and his recognizes of Chinese politics, law and culture are the same. It is still a controversial issue that whether his classification of three different govemmental forms has grades is of value, especially his evaluation on different political forms. He believes that there is a nature definite in eastern autocracy which is opposite to his value judgment of autocracy system. There is possible tensions in ration and experience, and absolute and relative among the spirit of laws, and the tension is ultimately pointing out the functions of legislators. The task of legislators is checking the relations among all values in balance, and realizing the spirit of laws in substantial environment. So the ultimate purpose of seeking for the spirit of laws is consulting legislators, and the China issue is actually one of examples in his argument of legislators with both pros and cons. Although his discussion on Chinese culture tradition of political and law is mainly criticism, he discovers its advantages in some degree, and points out some legislation tempt of Chinese legislators to deal with malpractices of autocracy in disadvantage natural environment. Therefore, seeking for and realization of the spirit of laws in substantial environment is the greatest enlightenment which his empirical politics leaves behind, and it is also the real inspiration of his Chinese, issue lies in.