Dong Kang Legal Thinking

Dong Kang takes the Chinese modern times renowned jurist, its legal thought quite rich, however as a result of the political aspect's reason, method the educational world is not now thorough to its thought's research, has no alternative but saying that was a big regret, Dong Kang has filled at that time a Chinese law research big blank in the jail legal system's research aspect, has provided the massive full and accurate material for the modern jail legal system reform, he used goes abroad many times studies abroad the inspection opportunity, has conducted the thorough careful research to various countries' government by law, and through the contrast various countries legal regime's difference, proposed him to Chinese law improvement aspect some original views. Its civil law and criminal law aspect's some thought look like in the present are also very advanced.The present paper mainly carries on the analysis from the following three chapters: The first chapter mainly introduces Dong the Kang law thought the background. Including Dong Kang biography and work synopsis, Dong Kang law thought social history background, and Dong Kang law thought legal history background. The second chapter mainly introduced Dong the Kang law thought primary coverage. I have analyzed Dong Kang's three part of legal thought content emphatically, this part is the present paper key content, made concrete from Dong Kang's prison law thought that the criminal law thought that the civil law thought three aspects has carried on the introduction. The prison law thought aspect, Dong Kang through to Japan's inspection, has obtained about the jail legal system's massive material, and deeply felt that necessity of the jail reform, forms through the inspection "Investigates Japanese Referee Jail Report" the content is detailed, the system is complete, has carried on the detailed proof to modern jail system construction's various aspects, has built the solid foundation for the jail system's reform. The criminal law thought aspect, Dong Kang's criminal law thought experienced from has esteemed the legal principle theory of law vigorously to Confucianism return change, advocated the criminal law equality and the law principle not ex post facto in the criminal law aspect. Dong Kang's criminal law thought mainly manifests in is discussing "Criminal law Comparison Study", Dong Kang through "Temporary Criminal law" and "the Tang Law", "Song Xingtong", as well as country's and so on UK, compared to, Germany, Thailand, Holland, France, Italy criminal law will carry on quite studies, will excavate various countries' law thought thoroughly the essence. The civil law thought aspect, Dong Kang stipulated regarding the marital property system's system that manifested Dong Kang to respect male and female both sides in the marriage ties meaning autonomous permission both sides to choose fully suits own situation the property pattern of ownership, compared is huge in the traditional law progress. The fourth chapter is to Dong the Kang law thought appraisal. Mainly summarized Dong the Kang law thought positive sense and the limitation.