章太炎法律思想探析
发布时间：2019-04-12 19:38
【摘要】：章太炎是研究中国近代史时一位不可或缺的知识分子，他不仅是资产阶级革命派中的一员健将，为中国近代的资产阶级革命作出了重大的贡献；更重要的是他同时还是中国近代的一位大学问家，是一位典型的中国知识分子。他学识渊博，弟子众多，他的思想不仅对资产阶级革命派有影响，更对他的众多弟子都会产生影响，这也从一个方面决定了他思想影响的广泛度。而法律思想是他思想体系中的一个重要组成部分。所以全面了解章太炎的法律思想，不仅有助于了解当时资产阶级革命派的法律思想，更能在一定程度上了解中国典型的知识分子在面临国家社会大变革的时期对中国法治建设的思考。在本文中，我将重点展现的是章太炎作为一个中国近代典型的知识分子，在社会大变革的时期，，在积极参与对我们这个古老国家的重建过程中，他在法治建设方面有什么思考。本文将首先简要介绍先生的生平与法律思想的几个主要渊源，之后重点论述章太炎在立法与宪政两个方面的思考，在这里对这两部分的论述都将严格地按照时间的顺序，以求比较明晰地体现章太炎法律思想在不同时间段的变化，这个变化主要体现在他的宪政思想中。立法方面的思想主要概况为：重法治、轻人治、立法不厌酷而厌密、“损上益下”的立法原则、立法必须“因俗而治之”、“因时立法”；宪政方面的思想主要概况为：平等非拨乱之要、行藩镇可救中国时弊、国家建立过程中要重视法律与道德、既反专制又反代议、分权思想、联省自治，之后将概述章太炎宪政思想的主要变化及产生这些变化的原因。
[Abstract]:Zhang Taiyan was an indispensable intellectual in the study of Chinese modern history. He was not only a good member of bourgeois revolutionaries, but also made a great contribution to the bourgeois revolution in modern China. More importantly, he is also a modern Chinese scholar, a typical Chinese intellectual. His profound knowledge and numerous disciples influenced not only the bourgeois revolutionaries, but also many of his disciples, which also determined the wide-ranging extent of his ideological influence. Legal thought is an important part of his ideological system. Therefore, a comprehensive understanding of Zhang Taiyan's legal thoughts was not only conducive to understanding the legal thoughts of the bourgeois revolutionaries at that time. To a certain extent, we can understand the typical intellectuals' thinking on the construction of China's rule of law during the period of great changes in the country's society. In this paper, I will focus on showing Zhang Taiyan as a typical intellectual of modern China, in the period of great social change, in the process of actively participating in the reconstruction of our ancient country, his thinking on the construction of the rule of law. This paper will first briefly introduce Mr. Liu's life and several main sources of legal thought, and then focus on Zhang Taiyan's thinking on legislation and constitutionalism. Here, both of these two parts will be discussed strictly in accordance with the order of time. In order to reflect the change of Zhang Taiyan's legal thought in different periods of time, this change is mainly reflected in his constitutional thought. The general situation of legislation is as follows: emphasizing the rule of law, neglecting the rule of man, not tired of cool and secret legislation, the legislative principle of "harming and benefiting", legislation must be "governed by vulgarity" and "legislated according to time"; The main outline of constitutionalism is as follows: equality is not necessary to stir up chaos, and vassal towns can save China's disadvantages. In the process of establishing a country, we should attach importance to law and morality, both anti-autocratic and counter-representative, thinking of separation of powers, and autonomy of the United provinces. After that, it will outline the main changes of Zhang Taiyan's constitutional thought and the reasons for these changes.
【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
本文编号：2457332
[Abstract]:Zhang Taiyan was an indispensable intellectual in the study of Chinese modern history. He was not only a good member of bourgeois revolutionaries, but also made a great contribution to the bourgeois revolution in modern China. More importantly, he is also a modern Chinese scholar, a typical Chinese intellectual. His profound knowledge and numerous disciples influenced not only the bourgeois revolutionaries, but also many of his disciples, which also determined the wide-ranging extent of his ideological influence. Legal thought is an important part of his ideological system. Therefore, a comprehensive understanding of Zhang Taiyan's legal thoughts was not only conducive to understanding the legal thoughts of the bourgeois revolutionaries at that time. To a certain extent, we can understand the typical intellectuals' thinking on the construction of China's rule of law during the period of great changes in the country's society. In this paper, I will focus on showing Zhang Taiyan as a typical intellectual of modern China, in the period of great social change, in the process of actively participating in the reconstruction of our ancient country, his thinking on the construction of the rule of law. This paper will first briefly introduce Mr. Liu's life and several main sources of legal thought, and then focus on Zhang Taiyan's thinking on legislation and constitutionalism. Here, both of these two parts will be discussed strictly in accordance with the order of time. In order to reflect the change of Zhang Taiyan's legal thought in different periods of time, this change is mainly reflected in his constitutional thought. The general situation of legislation is as follows: emphasizing the rule of law, neglecting the rule of man, not tired of cool and secret legislation, the legislative principle of "harming and benefiting", legislation must be "governed by vulgarity" and "legislated according to time"; The main outline of constitutionalism is as follows: equality is not necessary to stir up chaos, and vassal towns can save China's disadvantages. In the process of establishing a country, we should attach importance to law and morality, both anti-autocratic and counter-representative, thinking of separation of powers, and autonomy of the United provinces. After that, it will outline the main changes of Zhang Taiyan's constitutional thought and the reasons for these changes.
【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
【参考文献】
相关期刊论文 前3条
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本文编号：2457332
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