Research On The Society-Centralism Legal Thought Of Wang-Boqi

The Western legal thought has developed into society-centralism vision through obligation-centralism and right-centralism, while in modern China the standard of right has just burgeoned, and society-centralism vision was adopted by the Republic of China government before the maturity of right-centralism. The reason why society-centralism was worshiped was the misunderstanding of the essence of it, which means people were indulged in the superficial similarity between right-centralism and society-centralism but not the origins of them.Wang Boqi, who was professional in the law's government administration, actual practice, academy and pedagogy, has a complete and profound insight of the law during the Republic of China era, which led him to the difference beyond the two standard visions that the standard of right was lost. He emphasizes that law should be drafted on the basis of particular society, and the establishment of society-centralism should base on the standard of right. Meanwhile, he believes Premature Legislation could be adopted despite the absence of the standard of right as the base. The rationality of Premature Legislation lies in the following aspects: advanced law could encourage the social views of law to form rapidly; the preset society would be nearer to the Premature Legislation along with the prosperity of commercial and the development of science. As the absence of right-centralism necessitates the society to supplement the idea of right, which could only be acquired by individual personality, establishing individual personality would be the core to establish the idea of right as well as an essential content to realize advanced society-centralism law. Although the stress of society-centralism lies in the personal right, it is important to restrict individual right with social interest to prevent society-centralism from becoming right-centralism. Wang Boqi, as civil jurist, emphasizes specially on individual rights, as well as the unity of individual rights and social basis. Even now, Wang Boqi's society-centralism legal thought still makes sense to the construction of contemporary legal system.