陪都时期重庆法律人群体的特征研究
发布时间：2018-07-26 11:26
【摘要】： 法律人群体是独特的社会群体。随着中国法制的近代化,我国法律人群体逐渐形成。在抗日战争的特定历史环境下,重庆成为中国的战时首都和陪都,众多法学名宿和法律精英荟萃,构成中国近现代法制史上的一大奇观。探讨陪都时期重庆法律人群体的特征,对于我国近现代法律人群体研究具有典型意义。 第一部分“法学名宿和法律精英荟萃”。当时在重庆聚集的著名法律人士有谢怀h;、潘震亚、章士钊、沈钧儒、史良、戴修瓒、高步腾、陈述虞、林亨元、雷国能、杜岷英等大批来自全国各地的法律人。以他们为代表的法律人群体汇聚,不仅在重庆历史上而且在中国近现代法制史上都是少见的。在抗战爆发直至胜利的这一段时期,重庆法律人群体以法律为武器,在法律教育、法律实务乃至民主和文化传播方面都留下了浓墨重彩的一笔。根据重庆市档案馆馆藏资料,对这些法律人进行了详细的描绘。 第二部分“具有强烈社会感的政治精英”。法律人群体的活动与国家政治生活有紧密联系。其中很多人是有强烈的社会责任感的政治精英。他们具有很强的参政意识,以法律为武器,争取自由、民主、正义的新生活。 第三部分“民主宪政的中坚力量”。抗战时期中国的民主化进程一直不乏法律人群体的身影,他们身体力行,积极参与。这期间发生的一些大事件中,例如在“七君子事件”、“较场口事件”、“温代荣事件”等,法律人群体中的优秀分子都表现的格外突出。并通过史实和档案文献加以佐证和论述。 第四部分“具有良好职业操守的职业人群体”。陪都时期重庆的法律人不仅具有深厚的理论素质,而且具有良好的职业操守。通过查阅大量的民国时期司法档案,我们可以发现从案件的受理直到案件执行完结的整个过程,法律人的严谨作风和求实态度贯穿始终。 第五部分“法律人群体职业性鲜明,有自己明确的章程和规定,以此促进法律人群体的发展”。民国时期无论是法官还是律师,都有自己严格细致的规定和要求,规范本行业的发展。重庆的律师公会和颁布的大量章程就说明了这一点。同时民国时期的法官和检察官选用有很高的门槛,以达到司法要求。 第六部分“对法律上的重大创新、改革与争论”。陪都时期法律人不仅从事大量法律实务工作,还对于法学理论等有很深的造诣,在吸收东西方法律思想的基础上,提出了很多有价值的观点看法,推动了中国法制近代化进程。 新中国建立后,由于政治、经济、社会等种种原因,法律的作用逐渐弱化,法律人群体也逐渐被遗忘,法学界陷入低潮期。1978年改革开放后,法律的作用又逐渐得到重视,法学教育也一步步得到重建,法学人才的培养逐步步入正轨。法律人群体的形成,中国法律人的血统的接续研究也成为法制事业复兴的重要内容。陪都时期重庆法律人群体有其特有的优势和特点,对于这一研究有重要意义。 展示和研究重庆法律人群体有很多角度,但从法律人群体的特征入手,细致分析他们在各个阶段、各个领域的事迹,从而总结出这一群体对于法制事业的兴起和传承所留下的宝贵经验和做法,对于我们今天大力强调法律人群体的建设和发展有重要的借鉴意义。 分析法律人群体的特征,在结合当时社会背景的前提下,从群体成员的自身入手,分别从其知识背景、活动事迹、活动特点、活动方式等方面总结特征。重庆法律人群体具有法律素养深厚,大多系法学科班出身；重视理论研究,并强调与实践相结合；受社会影响具有参政意识,但又不为当时政治所左右,力图以法律来改进政治；法律人群体的法律活动不仅宣传了法律观念和思想,也促进了新思想的形成和传播；法律人群体职业性鲜明,有自己明确具体的章程和规定,规范职业发展,反过来又更好的促成法律人群体的形成和进步；陪都时期法院司法文书档案记录详细,程序分明,体现了当时法律人严谨的态度和缜密的思维等一系列特征。 单纯的总结出特征并不是目的,还要结合我国现在的现实来有选择的借鉴这些特征,应用到我国的法律人群体建设事业中。经过几十年法制事业的断流,恢复和发展并不容易,单纯的照搬西方的做法和经验也不可取。吸收前人的做法是一条相对便利的捷径,因为都是建立在中国自身的国情基础上,有着应用的广泛性和可行性。对法律人的整体研究以及他们对中国法律发展作用分析的系统性尚需加强；零星研究成果也需整合,以期形成立体的、动态的考察。
[Abstract]:The group of legal persons is a unique social group. With the modernization of Chinese legal system, the group of legal people in China has gradually formed. Under the specific historical environment of the war of resistance against Japan, Chongqing has become the capital and capital of China in the war time. Many legal names and legal elites have been gathered to form a great spectacle in the legal history of China's recent generation. The characteristics of the group of legal persons are of typical significance to the study of modern legal persons in China.
The first part is "law name and law elite". The famous legal personages gathered in Chongqing were h; Pan Zhenya, Zhang Shizhao, Shen Junru, Shi Liang, Dai Tan Tan, Gao Bu Teng, Yu, Lin Hengyuan, Lei Guo, Du min Ying and many other legal people from all over the country. In the history of Qing Dynasty and in the history of modern legal system in China, it is rare. In the period of the outbreak of the war of resistance against war, the legal people of the Chongqing legal group have left a strong color in legal education, legal practice and even democracy and cultural communication. According to the data collected from the archives of the Chongqing archives, the laws of these laws are on the basis of these laws. The man made a detailed description.
The second part is "a political elite with a strong sense of social sense". The activities of the legal group are closely related to the political life of the country. Many of them are political elites with strong sense of social responsibility. They have a strong sense of political participation, the law as a weapon, and a new life of freedom, democracy and justice.
The third part "the backbone of democratic constitutionalism". In the period of the war of resistance against Japan, China's democratization process has always been the figure of the legal group. They are active and active. In some of the major events in this period, such as the "seven gentlemen events", "the more field events", "Wen Da Rong incident" and so on, the outstanding elements in the legal people group. All of them are outstanding. They are supported by historical facts and archival documents.
The fourth part "a group of professional persons with good professional integrity". The legal people of Chongqing in the accompanying capital not only have profound theoretical quality, but also have good professional integrity. Through consulting a large number of judicial archives in the period of the Republic of China, we can find the whole process from the case acceptance to the completion of the case, and the rigor of the legal person. Style and realistic attitude are all the time.
The fifth part "the legal person group is very professional and has its own clear statutes and regulations to promote the development of the legal group." in the period of the Republic of China, both the judges and lawyers have their own strict regulations and requirements to standardize the development of the industry. The Law Association of Chongqing and a large number of articles of association have explained this point. During the period of the Republic of China, judges and prosecutors had a high threshold to meet the judicial requirements.
The sixth part is "great innovation, reform and debate on the law". The legal man in the accompanying capital not only engaged in a large number of legal practices, but also had profound attainments for the theory of law. On the basis of absorbing the legal thoughts of East and West, many valuable views were put forward, which promoted the process of the modernization of China's legal system.
After the establishment of new China, the role of law gradually weakened because of political, economic, social and other reasons. The group of legal people was gradually forgotten. After the law circle fell into the low tide period of.1978 reform and opening up, the role of law gradually gained attention, legal education had been rebuilt step by step, and the training of legal personnel stepped into the right track. Legal crowd was gradually on the right track. The formation of the body, the study of the succession of Chinese legal people has also become an important part of the revival of the legal system. The group of Chongqing legal people in the accompanying capital has its unique advantages and characteristics, which is of great significance to this study.
There are many angles to show and study the group of legal people in Chongqing, but from the characteristics of the group of legal persons, we will carefully analyze the events in various stages and various fields, and then summarize the valuable experience and practice left by this group for the rise and inheritance of the legal system, and to emphasize the construction of the group of legal people and the construction of the group of legal people. Development has important reference significance.
The characteristics of the legal person group are analyzed in the context of the social background at that time. From the group members themselves, the characteristics of the group members are summarized from their knowledge background, activities, activities and activities. The legal literacy of the legal people in Chongqing is profound and most of them are the origin of the law class. The social influence has the consciousness of participation in politics, but it is not about the politics of the time, and it tries to improve the politics by law. The legal activities of the group of legal persons not only propagate the legal concept and thought, but also promote the formation and dissemination of the new ideas; the legal person group is very professional, and has its own specific statutes and regulations. The development of the fan profession, in turn, contributed to the formation and progress of the legal group, and the judicial document records of the court of the accompanying capital were detailed and the procedure was clear, which reflected a series of characteristics of the strict attitude and careful thinking of the legal people at that time.
It is not the purpose to sum up the features simply. It is also necessary to combine the present reality of our country to learn from these characteristics and apply them to the construction of the group of legal people in our country. It is not easy to recover and develop after several decades of legal undertakings, and it is not advisable to simply copy the Western practices and experiences. A relatively convenient shortcut, because it is based on China's own national conditions, has the universality and feasibility of the application. The systematic study of the legal person and the systematic analysis of the role of the Chinese law need to be strengthened, and the results of the fragmentary research need to be integrated in order to form a three-dimensional and dynamic investigation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929
本文编号：2145859
[Abstract]:The group of legal persons is a unique social group. With the modernization of Chinese legal system, the group of legal people in China has gradually formed. Under the specific historical environment of the war of resistance against Japan, Chongqing has become the capital and capital of China in the war time. Many legal names and legal elites have been gathered to form a great spectacle in the legal history of China's recent generation. The characteristics of the group of legal persons are of typical significance to the study of modern legal persons in China.
The first part is "law name and law elite". The famous legal personages gathered in Chongqing were h; Pan Zhenya, Zhang Shizhao, Shen Junru, Shi Liang, Dai Tan Tan, Gao Bu Teng, Yu, Lin Hengyuan, Lei Guo, Du min Ying and many other legal people from all over the country. In the history of Qing Dynasty and in the history of modern legal system in China, it is rare. In the period of the outbreak of the war of resistance against war, the legal people of the Chongqing legal group have left a strong color in legal education, legal practice and even democracy and cultural communication. According to the data collected from the archives of the Chongqing archives, the laws of these laws are on the basis of these laws. The man made a detailed description.
The second part is "a political elite with a strong sense of social sense". The activities of the legal group are closely related to the political life of the country. Many of them are political elites with strong sense of social responsibility. They have a strong sense of political participation, the law as a weapon, and a new life of freedom, democracy and justice.
The third part "the backbone of democratic constitutionalism". In the period of the war of resistance against Japan, China's democratization process has always been the figure of the legal group. They are active and active. In some of the major events in this period, such as the "seven gentlemen events", "the more field events", "Wen Da Rong incident" and so on, the outstanding elements in the legal people group. All of them are outstanding. They are supported by historical facts and archival documents.
The fourth part "a group of professional persons with good professional integrity". The legal people of Chongqing in the accompanying capital not only have profound theoretical quality, but also have good professional integrity. Through consulting a large number of judicial archives in the period of the Republic of China, we can find the whole process from the case acceptance to the completion of the case, and the rigor of the legal person. Style and realistic attitude are all the time.
The fifth part "the legal person group is very professional and has its own clear statutes and regulations to promote the development of the legal group." in the period of the Republic of China, both the judges and lawyers have their own strict regulations and requirements to standardize the development of the industry. The Law Association of Chongqing and a large number of articles of association have explained this point. During the period of the Republic of China, judges and prosecutors had a high threshold to meet the judicial requirements.
The sixth part is "great innovation, reform and debate on the law". The legal man in the accompanying capital not only engaged in a large number of legal practices, but also had profound attainments for the theory of law. On the basis of absorbing the legal thoughts of East and West, many valuable views were put forward, which promoted the process of the modernization of China's legal system.
After the establishment of new China, the role of law gradually weakened because of political, economic, social and other reasons. The group of legal people was gradually forgotten. After the law circle fell into the low tide period of.1978 reform and opening up, the role of law gradually gained attention, legal education had been rebuilt step by step, and the training of legal personnel stepped into the right track. Legal crowd was gradually on the right track. The formation of the body, the study of the succession of Chinese legal people has also become an important part of the revival of the legal system. The group of Chongqing legal people in the accompanying capital has its unique advantages and characteristics, which is of great significance to this study.
There are many angles to show and study the group of legal people in Chongqing, but from the characteristics of the group of legal persons, we will carefully analyze the events in various stages and various fields, and then summarize the valuable experience and practice left by this group for the rise and inheritance of the legal system, and to emphasize the construction of the group of legal people and the construction of the group of legal people. Development has important reference significance.
The characteristics of the legal person group are analyzed in the context of the social background at that time. From the group members themselves, the characteristics of the group members are summarized from their knowledge background, activities, activities and activities. The legal literacy of the legal people in Chongqing is profound and most of them are the origin of the law class. The social influence has the consciousness of participation in politics, but it is not about the politics of the time, and it tries to improve the politics by law. The legal activities of the group of legal persons not only propagate the legal concept and thought, but also promote the formation and dissemination of the new ideas; the legal person group is very professional, and has its own specific statutes and regulations. The development of the fan profession, in turn, contributed to the formation and progress of the legal group, and the judicial document records of the court of the accompanying capital were detailed and the procedure was clear, which reflected a series of characteristics of the strict attitude and careful thinking of the legal people at that time.
It is not the purpose to sum up the features simply. It is also necessary to combine the present reality of our country to learn from these characteristics and apply them to the construction of the group of legal people in our country. It is not easy to recover and develop after several decades of legal undertakings, and it is not advisable to simply copy the Western practices and experiences. A relatively convenient shortcut, because it is based on China's own national conditions, has the universality and feasibility of the application. The systematic study of the legal person and the systematic analysis of the role of the Chinese law need to be strengthened, and the results of the fragmentary research need to be integrated in order to form a three-dimensional and dynamic investigation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929
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相关期刊论文 前2条
1 张仁善;;传统中国“法律人”的角色定位及功能分析[J];华东政法学院学报;2006年02期
2 闻黎明;;抗日战争时期宪政运动若干问题的再研究[J];近代史研究;2006年05期
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