Research On The Legal Thought Of Hsu Daulin

Beginning in the late Qing Dynasty,laws were gradually modified to abolish consular jurisdiction.Hence modern jurisprudence took root in the fertile soil of China,and the legal professionals during this time made meaningful efforts for the construction of China under the rule of law.They regarded national rejuvenation and prosperity as their own responsibility,carrying forward the spirits of being a pioneer and saving the nation by law.Hsu Daulin was one of many legal professionals in this period.He was an outstanding jurist and legal educator in modern China,leaving precious material wealth and spiritual treasure in the history of Chinese law.Hsu Daulin was a leading scholar in jurisprudence during the Republican Era in China.His traditional home education and learning experience at the University of Berlin gave him have a profound understanding of Chinese and Western legal systems and cultures.After returning to his motherland,he served as director of the Assessment Department of the Examination Yuan,the Government Affairs Department of the Executive Yuan and the Secretary General of the Taiwan Provincial Government.He engaged in judicial practice and legal theory research and authored a number of influential works.When Hsu Daulin went to Taiwan,he entered into university legal education and studied legal history,with many academic achievements.However,there are few systematic,academic studies on the legal thoughts of Hsu Daulin.The study of his legal thoughts would be helpful to show his legal talents,their academic value and his pursuit of ideals during the Republican Era of China.Hsu Daulin devoted himself to the path of jurisprudence and offered many insights for the construction of the rule of law in modern China.His legal thoughts focused on constitutional construction,legal history research,legal education and other aspects.In addition,he analyzed and discussed several theoretical problems of the constitution and administrative law system.He proposed reflecting on domestic legal system problems by referring to advanced Western legal concepts,and he promoted the construction of constitutionalism by limiting government power and protecting civil rights.As for his legal history research,his main research object was the legal system of the Tang and Song dynasties.In the study of Tang law,he based on the “Tang Code”,and explored the characteristics,status and influence of the legal system of the Tang Dynasty.In the study of Song law,he focused his study on four aspects of the legal system of the Song dynasty – the legislative system,the judicial system,the legal education system and the examination system.In the field of legal education,Hsu Daulin drew on his years of experience in legal education,emphasizing the importance of legal education and training practical legal talents.He put forward some valuable opinions on the drawbacks of the legal education system in colleges and universities at that time.Undeniably,Hsu Daulin's legal thought,which was shaped by his spirit of legal patriotism,his attitude towards western legal theories and Chinese classical legal culture,and the enlightenment of legal education and legal talents training,led to significant contributions to the construction of the rule of law in modern China,but his legal thoughts were restricted by the historical background and social conditions of his time.It is clear that Hsu Daulin and other legal scholars were limited by the Sun Yat-sen's Three People's Principles,and their aspirations to pursue democracy and the rule of law were often in conflict with the Kuomintang ideology characterized by party-state jurisprudence.This paper discusses Hsu Daulin and his legal perspective in five parts.Chapter 1 briefly introduces Hsu Daulin's life.Chapter 2 analyses the formation of his legal thoughts,including his educational experience,academic career,and the social and legal backdrop of his time.Chapter 3 summarises his constitutional thought,obedience of the law,and ideas related to legal education.Chapter 4 addresses Hsu Daulin's research achievements in the field of legal history and further summarizes his legal thoughts.Finally,Chapter 5 presents an evaluation of his legal ideas with respect to their progressive significance and limitations.