谭嗣同法律思想研究

发布时间：2018-08-18 14:06

【摘要】：谭嗣同是清末戊戌变法运动的重要人物之一，其一生最重要的价值就是体现在伟大的变法运动之中。他为维新积极奔走，提出许多先进且激进的变法主张，真正体现一个资产阶级改良派的本质。然维新派最终不敌顽固派，谭嗣同最终与其他五位志士一起为变法而献身。谭嗣同以其短短33年的人生，求知若渴地广泛涉猎各类知识，游历生活使他人生阅历丰富。在国难家变之下，谭嗣同思想波动很大，从早期讲究“华夷之辨”到后期主张“尽变西法”，体现他有容乃大的胸怀及强烈的爱国精神，这使得他在变法运动中后来居上，成为重要的领袖人物。他的变法理论源于多方知识，传统民权观、启蒙思想、西方进化论甚至于佛教思想都为谭嗣同所吸收。谭嗣同的法律思想涵盖极广，囊括资产阶级宪政思想、经济法思想、军事法思想、刑法思想及法律体系的构建，体现“尽”与“全”。谭嗣同的著述颇丰，，后人将其整理为《谭嗣同全集》，这是他留给后人的宝贵遗产。谭嗣同在其主要著作《仁学》中以极大的勇气批判封建君主专制和封建伦常，勇敢提出“冲决网罗，扫荡桎梏”的号召。在其给师友的书信中，除了批判旧思想外，还提出变法的具体措施。谭嗣同的法律思想体现一种鲜明的爱国主义，较其他变法人士而言，他的思想为他人所不敢言，有些甚至闪耀着革命的火花。他的民主革命思想和对三纲五常的激烈批判，对后来的资产阶级革命以及五四启蒙都有着重要影响。在今日为中华复兴而奋斗的过程中，我们仍然可以从他的法律思想中提炼出有益的东西，来振奋我们的爱国精神。
[Abstract]:Tan Sitong is one of the most important figures in the late Qing Dynasty. The most important value in his life is embodied in the great reform movement. He actively ran for the reform, put forward a lot of advanced and radical ideas of reform, and truly embodied the essence of a bourgeois reformist. However, the Reformists eventually lost the die-hards, and Tan Sitong eventually died for the reform along with the other five idealists. Tan Sitong, with his short life of 33 years, thirst for knowledge of a wide range of knowledge, travel to make his life experience rich. Under the change of the national disaster, Tan Sitong's thought fluctuated greatly, from the early stress on "the debate of Hua Yi" to the later stage of advocating "changing the western law as far as possible", which reflected his tolerance and strong patriotic spirit, which made him come and go later in the reform movement. Become an important leader. His theory of reform originated from various knowledge, traditional view of civil rights, enlightenment thought, western theory of evolution and even Buddhism thought, all of which were absorbed by Tan Sitong. Tan Sitong's legal thought covers a wide range, including bourgeois constitutional thought, economic law thought, military law thought, criminal law thought and the construction of legal system. Tan Sitong wrote a lot of works, and later generations organized it as "Tan Sitong complete works", which is his precious legacy to future generations. In his main work, Benevolence, Tan Sitong criticizes feudal autocratic monarchy and feudal clan with great courage, and bravely puts forward the call of "breaking down the net and clearing the shackles". In his letters to his friends, in addition to criticizing the old ideas, it also put forward specific measures of reform. Tan Sitong's legal thought embodies a kind of distinct patriotism, compared with other reformists, his thought is not to be spoken by others, some even sparkles with the spark of revolution. His thought of democratic revolution and his fierce criticism of the San Gang and Wu Chang had an important influence on the later bourgeois revolution and the May 4th Enlightenment. In today's struggle for the rejuvenation of China, we can still extract something useful from his legal thought to cheer up our patriotism.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D909.2

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