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Research On "the New Legalist" Ideology Of Chen Qitian

Posted on:2014-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2246330398984356Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Chen Qitian lived in the age of regime crumbling in Qing Dynasty with the invasion of imperialist.The outbreak of September18in1931incident reveals Japan’s full-scale armed aggression to China. With the. outbreak of Anti-Japanese War, considerable people with mental perception who dedicated to serve their country were seeking for a good way to save their country under the circumstance of facing subjugation. They turned their attention to the ideology of Pre-Qin Legalist, that is, wealthy and powerful. Therefore, the ideology of the new legalist generated and appeared on the stage of history about ideology in Modern China under the call of history. Legalist ideology originated in the Spring and Autumn and Warring States periods, developed and reached its peak in Qin Dynasty, declined in Han Dynasty, and appeared with the tendency of recovery when it evolved to the modern times. When legalist ideology helped Qin unified the other six feudal states and established the first centralized state,the legalist ideology also reached its top; In Han Dynasty Confucianism became the mainstream values and the new legalist ideology Of Chen Qitian went downhill totally; with the defeat of China in the Sino-Japanese War and the invasion of the Eight-Power Allied Forces at the end of19th century and the early20th century, China was forced to involve in a similar warring state era of two thousand years ago, that is,"the period of New Warring States". Therefore, the new legalist ideology Of Chen Qitian achieved revival with New Warring States produced.The representative figures of the new legalist ideology Of Chen Qitian are Chen Qitian and Chang Yansheng etc, it is Chen who have made a significant contribution to the theory of the new legalist ideology Of Chen Qitian which included the thought of new legalist、"the new Warring States era" and "new constitutional concept".Chen Qitian, as the main representative figure of the new legalist ideology Of Chen Qitian ideology, his ideology include the following four aspects: Firstly, advocates of the "rule of man and the rule of law as one"; Secondly, advocated the implementation of democracy which is the constitutional concept governed by law and individuals newly; Thirdly, advocates from the internal affairs of countries based the "new nationalism"; Fourthly, advocates the force worship strategy from internal affairs to foreign policy. At the same time, compared the new legalist ideology Of Chen Qitian with the old legalist, we found that there are certain similarities and differences, the new legalist has the distinctive characteristics different from the past through the comparation. The new legalist has the following three characteristics: Firstly, the the new legalist ideology Of Chen Qitian transformed from the old legalist creatively; Secondly, the new legalist inherited and innovated in the basis of the old legalist;Thirdly, the new legalist clearly stated the target that to save the era on wealth and power.Needless to say, the new legalist ideology Of Chen Qitian due to the limitation of the era and class, has a certain historical limitations. Chen Qitian is a principal member of the Chinese Youth Party, its basic ideas about the construction of the rule of law and constitutional vanish into thin air, with the outbreak of the civil war, which had to be regarded as a kind of regret. But at the same time, the new legalist ideology Of Chen Qitian ideology also has some progressive tedency, the development of the rule of law in our country, it is bound to leave many reference. The new legalist ideology Of Chen Qitian school generated and developed in early20th century, which is a groundbreaking academic event in he history of Chinese thought. We introduce the ideology of the the new legalist ideology Of Chen Qitian to the construction about law system in China which has theoretical basis. We obtained three reference in the construction about law in modern China through the research on the new legalist ideology Of Chen Qitian:Firstly, the construction about law system in China should promote governing officials strictly; Secondly, the construction about law system in China should obey the standard that whenever necessary; Fhirdly, the construction about law system in china should insist on the principle of nomocracy;Fourthly, the target of the construction about law in China is to achieve prosperity and unity.The new legalist ideology Of Chen Qitian ideology generated and developed at the beginning of20th century, which is an academic event that has the sense of pioneering significance in the history of Chinese thought. This paper is based on the drastic change in modern Chinese history and background of the Warring States Period, we explore the main content and features about Chen Qitian the new legalist ideology that has certainly ideological limitations and progress through our analysis.And then,we ought to inherit the essence concerning the new legalist ideology Of Chen Qitian ideology which will furnish a positive reference to construction about Law in modern China.
Keywords/Search Tags:Chen Qitian, The New Legalist, New Warring States Era, Nomocracy
PDF Full Text Request
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