Study On Amending Laws Activity And Legal Thoughts Of Shen Jiaben

Shen Jiaben was a remarkable legal expert of the late Qing Dynasty. He worked inthe Board of Punishments nearly four decades,so he was wealth of practical experience;He insisted on in his life history to sort out legal research, to clarify the inheritance andinnovation of laws in different ages, while also inherent in mining law spiritual valuesof China;He read a lot of books of modern western legal systems and legal thinking andhe had a profound understanding of them;He upheld the "mix and through" concept, toresolved disputes in the new and the old and to discarded laws of China by the "virtue"and to absorbed on the western calendar.He opened a new era of the modernization ofthe Chinese legal system and even of the rule of the law. This paper will elaborate theactivities of amending the laws and legal thoughts of Shen Jiaben.In the course of writing this paper, I insist on a unified "macro argument" and"micro-test history".Any legal system and legal thought is the product of its own time.Itmust be able to find their logical continuation in the previous systems and thoughts, thisis the "macro argument"of this paper. And the research on repairing laws and legalthoughts of Shen Jiaben is the "micro-test history" of this paper.Therefore, this paper will discuss five parts.In the first part,I describe thebackground and life of Shen Jiaben.In the second part,I discuss the process of amendinglaws in three stages through the memorials,books to tease out the reflects of the"identity" of a profound grasp of the Chinese legal culture and the ideal personalityfactors of Shen Jiaben.In the third part,I specifically discourse the legal thoughts ofShen Jiaben.In the fourth part of the paper,I evaluate historical contributions andhistorical limitations of Shen Jiaben.In the fifth part,I discourse from the perspective ofthe integration of Chinese and western legal analysis of legal thought and legal practiceof modern China of the enlightenment, and use the doctrine of the methodology on thebasis of the integration of Chinese and western legal issues for further elaboration.