The Legal Culture Confidence Of Legalists In The Late Qing Dynasty

After the Opium War,the Western powers took advantage of the hardships to open the door to China's locked century,and the people with lofty ideals began to save the country for a hundred years.China not only studied Western artifacts,but also began the modernization of law in the late Qing Dynasty.With regard to the construction of the national legal system,the conflicts between Chinese and Western legal systems,legal ideas and legal culture are unavoidable.For this,jurists have different opinions.China's traditional legal system,ideology,and culture are not useless.Western learning cannot be transplanted into China's soil as a whole.The internality of this collision and blending is the contact of legal culture.However,the connotation of legal culture should undoubtedly be understood by jurists.Dong Kang,as an official of the law revision museum,has always been a member of the Fa-rectification group during the ritual-law dispute,but he changed his attitude toward breaking with the traditional legal culture after he called for the destruction of the traditional law.He advocated that the law could not be held in the Chinese rites and conditions of the Chinese millennium.Shen Jiaben,At the end of the Qing dynasty,with the purpose of running through the Chinese and Western traditions,he began to compare the Chinese and Western legal systems.Wu Tingfang participated in the revision of the law with the background of western legal education.His vision was comparable to that of non-traditional jurists.Liang Qichao has been exploring and analyzing the monarch for a long time in exile.Autocracy,constitutional monarchy,and democratic republican polities provide the country with a way out of the political system.The traditional legal system shaped the legal philosophy of the time and the national political system.The drastic changes brought about by Western learning and the inability to transform the people at a time,and even more difficult to resolve the original social contradictions,underscore the importance of self-confidence in the legal culture..Traditional legal systems and legal ideas are not all lagging behind the times:the traditional legal system has always emphasized benevolence and compulsive punishment,which is in harmony with the idea of modern Western criminality;while Confucianism advocates the emphasis on civil rights,although it does not necessarily constitute a constitutional monarchy or a democratic republic,it is also Pave the way for political reform.In terms of modern legal construction,traditional jurisprudence still retains its brilliance.Tradition shapes today and will also contribute to the development of jurisprudence in tomorrow.