Research Of Shen Jiaben’s Legal Thought About The Harmonization Of Chinese And Western Law

Shen Jiaben’s legal thought is not only about " harmonization of Chinese and Western",but it is important and special indeed, for it unequivocally reflects his understanding of Chinese and western legal culture along with the idea of reforming, and it becomes the most direct point cut to research Shen Jiaben’s legal thoughts for all the jurists at home and abroad. The study about "the harmonization of Chinese and western law" can give a more vivid and direct reduction of this legal reformer’s legal thoughts. The particularity of "legal thought about the harmonization of Chinese and Western law" is not only because it is the guiding ideology of law ammend activities in the late Qing dynasty, but also it’s the methodology of Shen Jiaben in the fusion of Chinese and western legal culture renovation. Legal thought about the harmonization of Chinese and western law is a Important theoretical issue of his Chinese and western notions and Legal reform thoughts, it has important value and practical significance to dealing with the relationship between traditional law culture and western law culture in today’s Chinese construction of rule of law.Shen Jiaben revised the law in late Qing dynasty, under this background, by analysis historical documents and combining with historical case study, this paper theoretically focuses on this man and his legal thought about the harmonization of Chinese and western, makes good effort to around the idea as a center for full instructions."Westernized Chinese Style" legal thought,"Practical Ideology" and "concerning ideological and legal salvation patriotic feelings" are the main source of Shen Jiaben’s Legal Thought about the harmonization of Chinese and Western law. Shen Jiaben’s Legal thought about the harmonization of Chinese and Western Law, is along with the drastic change social nature, the political need of the revision of law in the late Qing Dynasty and Eastward spread of western culture, In this thesis, the interpretation of Shen Jiaben’legal thought about the harmonization of Chinese and Western law including two levels:content and form. On the content, the core content of the harmonization of Chinese and Western law is "benevolent governance", Shen Jiaben in the understanding of "benevolent government" including two legal philosophy that are the traditional China Confucian of "benevolent governance" and "humanism spirit of the western law". This is his effort to the content of "the harmonization". Legal principle is the breakthrough point of the legal thought the harmonization of Chinese and Western law, which could judge the ideological core to be harmony or not. The form of legal thought about the harmonization of Chinese and Western law including "Reform from antiquity, drawing of western law","Making good from deficiency, Conform a legal system","Coexistent the new and old, Research the Chinese and Western". Through the analysis, the legal thought about the harmonization of Chinese and Western law has the necessity of political meanings. Shen Jiaben completed the harmonization of the Western statutes and Chinese statutes, the harmonization of the western natural law and emulating nature. The legal thought about the harmonization of Chinese and Western law is academic achievements of the comparative law in modern times. It advance the modernization of the legislation system, and accelerate the disintegration of Chinese legal system, There’re two questions on the review, one is the two aspects of the harmonization of Chinese and Western law:goodness and utility. The other is how to understand the complex of Japanese law in the legal thought.Finally, the legal thought about the harmonization of Chinese and Western " provides cultural identity for the transformation of traditional legal culture, and a new way of thinking for the traditional legal culture and the western legal culture relationship equity.