An Analysis Of Song Jiaoren's Thought On International Law

Song Jiaoren(1882.4-1913.3),whose name is Dezun,is also known as Dunchu and Fisherman.The pioneer of modern Chinese democratic revolution is known as "the father of Chinese constitutionalism",whose ideology covers politics,law and other fields.Throughout Song Jiaoren's thought,the thought of international law is quite unique,which has a profound impact on Modern Chinese society.Under the national crisis of modern China facing the tide of partition,along with the introduction of Western democratic legal thought into China,Song Jiaoren formed a distinctive thought of international law in his study and practice.Song Jiaoren's thought of international law mainly includes two parts.In the first part,under the background of the dispute between China and Japan over the Jiandao,the dispute between China and Portugal over the demarcation of Macao,and Russia's request for consular jurisdiction and joint trial system,the understanding of three basic principles of international law,namely,national territorial sovereignty,national territorial integrity,and udicial sovereignty,has been formed.The second part covers Song Jiaoren's understanding of three specific international law issues:treaty law,law of the sea and law of war.Throughout Song Jiaoren's thought of international law,it has distinct characteristics of the times,which played a positive role in safeguarding China's sovereignty and stimulating people's national consciousness at that time.However,it is also inevitably restricted by the nature of the bourgeoisie itself,and has irreconcilable contradictions with China's specific national conditions.However,its positive awareness of learning and using law still plays an important guiding role for today's Chinese people,and provides practical value for the construction of socialist rule of law in China.