Research On The Legal Thought Of Shen Jiaben’s "Harmonizationof Chinese And Western Law"

Shen Jiaben was one of the Chinese traditional jurisprudence had a profound research, but also a ruling class within the feudal official, or an active introduction of western legal system repair the law minister, he played an important role in the process of amending the law in the late Qing Dynasty, and he had a pivotal position, a lot of research of legal history scholars highly of his place in history, especially in the late Qing Dynasty Shen Jiaben presided over the process, will pass in the western legal system, reform Chinese traditional law, the traditional law Chinese showing a new look to the past and the role of China’s legal modernization, legal thought he embodied the amendments to the law in the process of "Chinese and Western" full of wisdom, it has important research value.This paper focuses on the research of Shen Jiaben in the late Qing Dynasty in the "western" legal thoughts, the first chapter of this paper, through the historical background and ideological foundation to explore Shen Jiaben legal thoughts to study the ideological and theoretical sources, on Chinese and western legal thought of Shen Jiaben was the result of cultural conflict in the west, was accompanied by the spread of western legal culture China, China traditional legal culture declined, the Qing Dynasty in the process to save its ruling crisis, gradually put down the traditional concept of arrogant, learning to the western legal system, the proposed amendments to the law at the beginning of the Qing Dynasty in the light of national laws, careful textual research, duly proposed, the Treasury of Chinese and foreign access, PI control "the purpose was the direct reason of Shen Jiaben" western "thought," the harmonization of Chinese and Western thought was not created by Shen Jiaben, but in the previous Based on the evolution of the theory, combined with Shen Jiaben’s own laws to save the country’s ideals, and then apply to the amendment of the law. The second chapter, the specific analysis of Shen Jiaben "will pass the Chinese and Western" legal thought will pass the meaning, will pass through the object and will pass through the basis, will pass the connotation of Chinese and western legal thought and expression form. Shen Jiaben will pass the western legal thought was through dig the connotation of Chinese traditional Confucian culture, looking for western legal culture in the common essence, that there are similarities with "humanism" thought of Confucian traditional thoughts of "benevolence" thought and western legal system. Taking this as the starting point, introduce western legal system and legal principles to reform the traditional law. The third chapter to further explore on Shen Jiaben "will pass under the guidance of Western thought, the legal practice, and on Revision of the laws and regulations of the Qing Dynasty" as the object to analyze which reflects Shen Jiaben will pass the western legal thought. The fourth chapter, the author summarizes on Shen Jiaben "will pass under the Chinese and western legal thoughts made repair law results, get rid of the" dharmas fit, civil and criminal, "the characteristics of Chinese traditional law, had initially constructed the legal system with modern structure, in addition, Shen Jiaben in the process of amending the law boldly introduce western legal principles and the spirit, promote the Chinese law from the tradition to the modern transition. In the fifth chapter, through the analysis of the above chapters, the author evaluates the limitations and positive significance of Shen Jiaben’s legal thought.At the end of Qing Dynasty and the amendments to the law was not to change the system for the purpose of the activities of the amendments to the law, the Qing government tried to through patchy manner to save a ship was going to sink to the wheel of submarine history, which undoubtedly was impossible. This was the law revision movement for "constitutionalism" preparations, and constitutionalism was required in the late Qing Dynasty capitalist economic development changes in the superstructure, it was not decided by the Qing government, but not by Shen Jiaben and other ministers decided to repair the law, "Chinese and Western" idea was to comply with the requirements of social development in the society of Qing Dynasty change and put forward, Shen Jiaben and others are specific practitioners in this era, he was a reform under the feudal system, with the idea of progress and open mind, which also makes the law revision activities can have reference significance to the later, although duringrevision failed to achieve the purpose of saving the Qing Dynasty, but it does not affect Shen Jiaben "on Chinese and Western Legal Thoughts on the significance of Chinese legal modernization.