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The Research On John C.H.Wu’s Judicial Thought

Posted on:2016-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:N NiuFull Text:PDF
GTID:2296330470979028Subject:Legal History
Abstract/Summary:PDF Full Text Request
John C.H. Wu enjoyed a good reputation of Chinese and foreign famous jurist during the period of republic of China,who liked most of the intellectuals of that age wanted to save our motherland.John C.H.Wu was lucky enough to became a student of an international jurists and set up his own legal philosophy during the period of study abroad.John C.H.Wu not only participated in judicial trial,but directly involved in the code when he returned to the motherland,hoped to change the status of the law of China by using his knowledge. John C.H.Wu formed his own judicial thought by carrying out a series of legal practice and the idea of judicial process before.Study John C.H.Wu’ judicial thought not only is helpful for understanding judicial situation at that time,but also is meaningful to understand the mandarin communication between Chinese and western law.This article analyzed China’s legal modernization process from the background of the age in which John C.H.Wu lived in,introduced respectively The judicial reform which the late qing government and the government of the republic of China made to improve the judicial situation.From the above analysis we can follow,the complex social background and judicial background was a big challenge for carrying out his judicial thought.John C.H.Wu lived in the period of the great revolution of China,in which bold and new ideas intense bombard.John C.H.Wu accepted the advanced western legal philosophy of education and edification,but he did not ignore the essence of Chinese traditional legal thoughts.John C.H.Wu did not copy and acceptance advanced western legal thought and legal system,he combined with China’s national conditions at that time, and the affection, mood to selectively receiving.This article discusses the main content of judicial thought of John C.H.Wu,and the using of his judicial thought by analyzing actual cases of the trial process.John C.H.Wu tried a lot of Chinese and foreign famous cases,including the famous case on the Dressed Ordered, Garcia Case and Rizeff Freres v.The Soviet Mercantile Fleet.This article simply introduce the case,conclude his judicial thought by John C.H.Wu’s memories of that case.This article has a better understanding of John C.H.Wu’s the essence of judicial thought by comparing John C.H.Wu and his contemporaries. John C.H.Wu’s judicial thought Include not only that, still include the logic in the process of trial and so on.
Keywords/Search Tags:John C.H.Wu’s Legal philosophy, The independence of the judicature thought, Justice thought
PDF Full Text Request
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