Cai Shuheng's Thoughts On The Localization Of Law

Mr.Cai Shu heng has experienced the predicament of modern Chinese jurisprudence.As the backbone of the legal reform in the social background of modern Western learning,his legal localization position,that is,the legal culture conscious thought is the profoundness of Cai Shu heng.Faced with the predicament of "Today" China's jurisprudence,Cai Shu heng elaborated on the meaning of law,insisted on the rationality of scholars,and embraced cultural consciousness,concentrating on critique of "today" Chinese law and its consciousness.Cai Shu heng criticized the two factions of "the dispute of jurisprudence" and believed that Chinese law can't take the path of "complete westernization",and the "original retro" approach is also unworkable;at the same time,Cai Shu heng's "present today" Chinese law and legal education He carried out profound reflections and analysis,explored the path of the "Today" Chinese jurisprudence,and came to the naive conclusion of "Today" Chinese jurisprudence.Then,based on the diagnosis of "Today" Chinese jurisprudence,Cai Shu heng gave the "prescription" of "Tomorrow" Chinese law.Cai Shu heng's construction of China's material civilization and culture in "Tomorrow" and Cai Shu heng's "Tomorrow" Chinese legal ideals based on the localization consciousness of law are the essence of modern Chinese legal thought.Cai Shu heng criticizes the past of Chinese law and constructs the future of Chinese law by its localization of law.Therefore,we can find that Cai Shu heng always emphasizes the importance of building China's own jurisprudence,that is,the "Tomorrow" Chinese jurisprudence,and should follow the basic principle of de-Westernization and seeking Chinese and Chinese.In summary,Cai Shu heng's thought of localization of law provides another perspective for the construction of Chinese jurisprudence.It is the quintessential part of Cai Shu heng's jurisprudence and has the significance and value of research.Therefore,it is an effective way to improve the socialist legal system with Chinese characteristics by excavating the elements that can be used for reference in Cai Shu heng's localization of law.In view of this,this paper mainly focuses on Cai Shu heng's localization of law,which is divided into the following four parts:The first part explains the era background of Cai Shu heng's localization thought theory through the detailed explanation of the disputes between the Qing Dynasty and the law.At that time,the politics,economy and culture of Chinese society were based on the strong power of Western learning and the aggression of the powers,and the Chinese society became a semi-colonial and semi-feudal society.Based on this background,the Qing court began to change the law and tried to save the fate of the Qing court by transplanting the est.In this reformation law,a heated debate was held around the argument of fully transplanting Western laws or retaining Chinese common ethics.The history is called "the struggle between rituals and laws."The second part is based on the social background of the first part of Cai Shu heng's legal localization thoughts.It analyzes the legal dilemma of Cai Shu heng's "legal law,society and society" at that time,and the criticism of "today" Chinese law,that is,the law school.Criticism of the claim of "the whole Westernization";criticism of the "original retro" proposition of the ritual sect;the critique of the "present today" Chinese criminal law and the revelation and criticism of the "naive" of the "today" Chinese jurisprudence.By criticizing the views of the two factions in the "Controversy of Rites and Laws",Cai Shu heng believed that Chinese jurisprudence could neither be "completely westernized" nor "original retro".By describing the "sub-colonial scene" of "Today" China's jurisprudence,Cai Shu heng pointed out that the "moral" disease of Chinese law is "low quality and low quantity",which is considered to be the "naive" of Chinese law today.The third part undertakes the second part of Cai Shu heng's critique of "Today" Chinese jurisprudence,that is,the revealing of the "Daily" Chinese jurisprudence.Cai Shu heng gives the "prescription" of "Tomorrow" Chinese law development,that is,"Tomorrow" Where does Chinese jurisprudence build an ideal picture? Cai Shu heng believes that "complete westernization" and "original retro" are all necessary.It is believed that the new face of "Tomorrow" Chinese jurisprudence should be based on the local realities of the country,based on the conscious,awakened,systematic legal localization position,Chinese people use Chinese materials create their own "Tomorrow" China's jurisprudence.Clarify the specific ideas of Cai Shu heng's construction of Chinese law in "Tomorrow."The fourth part combines the above three parts on the discussion of Cai Shu heng's law localization thoughts.While affirming Cai Shu heng's localization thought of law,he puts forward the author's evaluation on the insufficiency of Cai Shu heng's thought.Finally,it discusses the socialization rule of Cai Shu heng's law to the socialist rule of law in China.Can learn from the meaning.