Yan Fu Legal Thought New Theory

Yan Fu is a big thinker who influences on modern Chinese legal system profound and significant in recent modernization.Currently, Yan Fu thought for academic research is still a hot topic.Many scholars have different views for Yan Fu thought, these views are disputed by many scholars.Many scholars believe that Yan Fu thought is different after the Revolution of 1911,the Yan Fu’s idea is in line with the historical trend and advanced before the Revolution of 1911.After the Revolution of 1911,the Yan Fu’s idea is reactionary regressive.The scholars who hold such views on Yan Fu’s ideology are one-sided and simple mechanization,not objective as well as comprehensive,with a strong political overtones.There are no fundamental difference for Yan Fu Country prosperous and people stronge thought on the legal thought and culture before and after.Yan Fu has always insisted on a constitutional monarchy In politics,not to mention the so-called "backward", "reactionary." This paper argues that the formation of Yan Fu thought is the progressive development of,from early to late,Yan Fu inherent ideological essence is the same before and after.All thoughts of Yan Fu aims to wealthy and powerful.Some scholars believe that Yan Fu discriminates Modern Chinese,and blindly criticizes ignorance and backwardness of modern Chinese people.Commented Yan Fu is not objective facts of history,modern Chinese people’s ignorance and backwardness are ills under authoritarian order.Before the May 4th Movement of 1919,scholars believe that To achieve wealthy and powerful people only relyes on science and democracy.However,they do not realize that the country’s prosperity is a complex system engineering,after the May 4th Movement of 1919,what the scholar shout is only democracy and science,while ignoring wealthy and powerful the role of the legal syste.At present, scholars have not attracted enough attention to Yan Fu on law and state relations ’s legal thought,and for now,there is little case study,for exploring the wealthy and powerful of its legal thought in Academia.This paper accordingly intends to study on Yan Fu thought,to enrich Yan Fu academic thought, a better understanding of the Yan Fu ideological and theoretical.This article research ideas is by researching Yan Fu law and state relations legal thought as the core,by the understanding of Yan Fu on law, law and reason of the relationship as a theoretical basis, to study Yan Fu on country prosperous and people stronger legal thought,thus,further exploring the understanding of Yan Fu about the importance of the rule of law for the country’s prosperity.This thesis consists of five parts:The first part of the article give a brief introduction of the domestic situation in modern China under the rule of the late Qing Dynasty and the modern world situation,and Yan Fu’s growth, education and social practice situation.This section focuse on analysising the originator of Yan Fu legal thought from the environment of the Yan Fu family life, educational background and knowledge structure as well as other at home and abroad aspects of social practice.The second part of the article analyses the understanding of Yan Fu on law, law and reason according to Yan Fu’s background knowledge, and the understanding of the relationship between law and reason.Yan Fu believes that law into natural,human self for the law,law will be to reason the original legislation.The third part of the article explaines the Yan Fu country prosperous and people stronger legal thought,and Yan Fu thought that to achieve the rich and powerful must have good legal premise,the law should aim country-oriented and economic sources to achieve country prosperous and people stronger. The fourth part of the article discusse the Yan Fu legal thought which if there is no rule of law, the state is not complete,and article explaine the importance of the law for the prosperity of the country.The fifth part of the article briefly review the Yan Fu legal thought,from historical significance and academic significance of Yan Fu thought.