Research On Qian Duansheng's Legal Thought

Qian Duansheng is a famous jurist and political scientist in China.From his published papers and related works,he has shown his legal ideas in a very representative manner.He wrote extensively before his death,but he never changed his content.His content is mainly about the three axes of democracy,the rule of law,and human rights.The research object of this article is Qian Dusheng's legal thought.There is no democracy,the rule of law can be described as empty,democracy and the rule of law are like two wheels of the car,democracy is not implemented,and the road to the rule of law is bound to be difficult to advance.Democracy and the rule of law play a decisive role in the law,but without human rights,the two are like birds that have lost their wings and no longer fly far away.Mr.Qian Duansheng paid great attention to the rights of the people since the study of political science.After classifying them as positive basic rights,negative basic rights,and political power,he believed that human rights are the foundation of democracy,and democracy needs political institutionalization to protect.He also believes that the rule of law should be established,the rule of law is advocated instead of the rule of man,and the variability of the rule of man is proposed.However,he does not advocate the establishment of the "oral" rule of law.He believes that the rule of law is not an easy road.If the law is established but it is not adhered to,the possibility of implementation will be lost.Therefore,the rule of law should be gradually implemented where possible.However,China has China's national conditions and it is time to adopt the rule of law.Mr.Qian Duansheng provided theoretical guidance and theoretical support for the development of early Chinese legal thinking from the basic national conditions.In the contemporary China where the rule of law is built,he is the founder of China's legal philosophy and the founder of political science,and his thinking is still quite considerable.The value of research is of great significance to the construction of a socialist country under the rule of law with Chinese characteristics.According to Mr.Qian Dusheng's own work and contemporary scholars' research on Mr.'s thoughts,this article summarizes the life of Qian Duansheng by collecting,sorting out,and reviewing relevant literature materials,and focuses on the contents of his legal ideology.Trying to understand the inner spirit of Qian Duan's legal ideas.The basic idea of this article is to progressively step through Mr.Qian's life,the origins of his thoughts,and the content of his thoughts,in order to restore Mr.'s legal ideas,aiming to focus on his life's academic thinking,namely,democracy,the rule of law,and human rights.He elaborated and discussed his legal ideas.This article consists of three parts:The first part is an introduction and an overview.In the introduction,the research background,research methods and structure of the paper are described first,and the previous research results are introduced.Afterwards,in the overview section,this article first briefly introduced the life of Qian Duansheng.In reviewing the life of Qian Duansheng,it mainly consists of the stages of juvenile education,returning to China,and the establishment of the Beijing University of Political Science and Law.Then,this article introduced the academic achievements of Qian Duansheng.In the life of Qian Shengsheng,he contributed himself to the study of law and political science,and actively participated in politics.He presented his views on a series of major issues and wrote a large number of works.Then,at the end of the first part,this article introduced the Qian Duansheng Law Research Achievement Award named after it,in order to highlight Qian Longsheng's profound influence on law.The author of this article,with the help of a large number of monographs,can get a glimpse of Qian Duan's legal ideas.Starting from the second part,we began to introduce the main contents of Qian Duan's legal thinking.This article mainly elaborates on human rights thoughts,democratic thoughts and the rule of law.In the human rights ideology,Qian Duansheng has divided human rights into three categories: one is the negative basic rights,that is,freedom of life,freedom of speech,freedom of religion,freedom of assembly,and other personal freedoms;the other is active basic rights.Including the right to education,the right to relief,and other positive obligations that countries need to fulfill constitute a positive basic right;there is a category of political participation.This article mainly elaborates and discusses from the perspective of the participation of the political power is universal rights,individual freedom and so on.In his democratic thought,he believes that democracy can be understood as a rule of the people.It consists of six layers of meaning: First,regardless of the facts,the people are equal in law.It is shown that the country adopts uniform legislation to protect the basic rights and interests of all citizens equally.The second is to limit the power of the state and allow individuals to retain some of their freedom.The third is to set up a representative body that is elected by the people on the basis of equality and to represent the electorate's interests in enforcing the legislative power.The voters can exercise the right to recall if they feel it necessary.Fourthly,there are more than two political parties in the parliament,which supervise each other and take turns to govern.Fifth,the government implements a decentralized system and exercises power in the framework of checks and balances.The sixth is that all this requires that the people have the actual right to participate in politics and participate in government.In terms of the rule of law,Qian Duansheng believes that human rights can only be guaranteed by the rule of law.Therefore,in terms of the rule of man and the rule of law,he not only advocates the rule of law,but also emphasizes that the implementation of the rule of law must first implement political institutionalization.Finally,in the third part,this paper,combined with the contemporary environment,explores the practical significance of Qian Dusheng's legal thoughts for the construction of contemporary China's legal system.There are mainly awareness of empowerment,fostering social power,cultivating awareness of the rule of law,and defining the scope of state power.The creation of legal beliefs and the national spirit of the entire nation must be combined with the spirit of the rule of law.The state must protect individual rights and cultivate the rule of law.Mr.Qian Duansheng,as a famous political scientist and jurist in modern times,has had an important influence on the construction of the domestic legal system and political system at that time,and the key content of his legal ideology is the main part of this article.In today's society,Qian Duan's legal thought still affects our country's concept of the rule of law,which is of practical significance to China's construction of a socialist country under the rule of law with Chinese characteristics.