On Liang Qichao's Using The Western Legal Concept

In this paper,Liang Qichao's introduction and application of the two western conceptual concepts of "liberty" and "rule of law" are taken as the main research content,and researches and discussions are carried out from the aspects of background,purpose and characteristics.Liang Qichao was one of the pioneers of modern Chinese jurisprudence,and the ideas of "civil rights" and "rule of law"occupied an important position in Liang Qichao's jurisprudence.At the time when politics,economy,and culture had undergone major changes,the formation of Liang Qichao's jurisprudence had both his or her own unique views on these issues,and at the same time,he could not ignore the role of that era in shaping his thinking.In the late Qing dynasty,the thought of "reliability of the world" in the Confucianism began to rise again.Correspondingly,the theory of "the source of learning in the west" and the theory of "the use of the Chinese system in the west" were produced.Liang Qichao introduced and used the concept of freedom and the rule of law in such an era.Liang Qichao did not make a special interpretation when introducing and applying the concept of freedom,and explained freedom as autonomy.The purpose and significance of the concept of "relief for the country" and "rich countries and strong soldiers" as his introduction and application of freedom were not as great as those of the West.In modern times,the importance of liberty was elaborated from the perspective of "natural state" and "natural human rights." In the process of introducing and applying the concept of liberty,Liang Qichao believed that the most important freedom right of man is freedom of political participation.However,his unclear understanding of the theory of political freedom and the urgent need for survival of saving the country lead him to interpret the issue of political freedom in China's reality.There are major misunderstandings.In the argumentation of freedom,it is emphasized that the group's freedom to ignore and even deny individual freedom is the most essential content of the modern liberal theory of the West.It is the essential difference between the protection of individual freedom.Although Liang Qichao affirmed the restriction of freedom,due to the fact that China was invaded by the West at that time,he changed the boundary of freedom from not invading other people's freedom into individual non-infringing the freedom of the country and even making sacrifices for the freedom of the country.There are major differences in the boundaries of freedom(personal freedom)of others.Influenced by the bundled content of "cultivation" in traditional Chinese Confucianism,linking one's own moral cultivation with freedom,Liang Qichao proposed that surmounting "heart slavery" is regarded by Liang Qichao as an important way to obtain freedom.When Liang Qichao introduced and used the concept of the rule of law,his ideas of the rule of law had the basic spirit of modern rule of law such as "people's sovereignty","civil legislation","state power should be supervised","law is the will of the country",and "law is supreme." On this basis,he demonstrated the importance of the rule of law at both historical realities and theoretical levels.Salvation is his main motivation and purpose for introducing and applying the concept of the rule of law.Liang Qichao's introduction and application of the concept of the rule of law are closely related to the traditional Chinese legalists.His conclusions have changed with the deepening of his understanding of modern western theory of the rule of law,and the focus of his change has been on the understanding and understanding of civil rights theory.He took the existence of the civil rights ideology in the legalist thinking as a criterion for judging whether it is the modern rule of law,and reached the following conclusions:In the earlier period,he thought that the Chinese legalist thought was modern western law-basedism;later it overturned this view,arguing that China did not There is no modern Western rule of law.His later understanding of the modern rule of law and legal "rule of law" is more accurate.In short,the purpose and impetus of Liang Qichao's introduction and application of the concept of western jurisprudence are embodied in his entire ideology.Therefore,Liang Qichao actively turned his attention to western jurisprudence and helped to actively promote his enthusiasm for the study of Western methodology.It is also based on a strong national salvation that enabled him to introduce and apply these jurisprudence ideas.With a strong pragmatism,to a certain extent,it affected his understanding of the true meaning of these ideas.Second,when Liang Qichao introduced and used the concept of Western methodology,he constructed these theories in the framework of Western methodology.Again,Liang Qichao is bound to be influenced by his own traditional Chinese culture.This traditional culture has exerted a subtle influence on him.When he did not know much about Western doctrines,he sought the view of "equivalence" in some of China's original theories and tried to subsidize Western civilization with Chinese civilization.In the end,Liang Qichao changed with the deepening understanding of modern western jurisprudence and more and more accurately grasped the essence of Western modern jurisprudence.