梁启超法治思想探析

发布时间：2018-04-08 23:05

本文选题：梁启超　切入点：法治　出处：《山东师范大学》2017年硕士论文

【摘要】：梁启超先生是近代中国历史上杰出的法学家、启蒙思想家。当时的学术界深受梁启超法律思想的影响。同时他也是中国法治主义最早的倡导者以及杰出的设计者。梁启超的“法治”思想是在中西方不断碰撞的背景下产生的,随着中西方交往的日渐密切,西方的法治思想也渐渐传入中国,梁启超的法治思想正是在批判继承中国传统文化以及吸收西方法治有益经验的基础上形成的。梁启超指出“法治主义为今日救时唯一之主义”,只有法治才可以挽救清朝。他认为要实现“法治国家”不仅需要“法治”,还应当将法治与道德想结合、法治与民权相结合、中法与西方相结合,只有这样才能建设良好的法治国家。本文介绍了梁启超为实现“法治”所做的努力,重点论证了梁启超法治思想未能得以推广的原因以及其对当今社会全面推进依法治国的启示。梁启超法治思想在当时未能得以推广的原因主要包括:第一,封建专制对法治的制约;第二、封建经济对法治的制约;第三,封建传统文化对法治的制约;第四,缺少先进政党的支持。梁启超法治思想的失败对当今社会全面推进依法治国的启示:第一,全面推进依法治国必须加强民主政治建设;第二,全面推进依法治国必须完善社会主义市场经济体制;第三,全面推进依法治国必须构建社会主义法治文化体系;第四,全面推进依法治国必须营造良好的法治社会环境;第五,全面推进依法治国必须坚持中国共产党的领导;第六,全面推进依法治国不能全盘照搬西方模式。
[Abstract]:Liang Qichao is an outstanding jurist and enlightenment thinker in modern Chinese history.The academic circles at that time were deeply influenced by Liang Qichao's legal thought.At the same time, he is also the earliest advocate and outstanding designer of the rule of law in China.Liang Qichao's thought of "rule of law" came into being under the background of the constant collision between China and the West. With the close contact between China and the West, the western thought of rule of law was gradually introduced into China.Liang Qichao's thought of rule of law was formed on the basis of critically inheriting Chinese traditional culture and absorbing beneficial experience of western rule of law.Liang Qichao pointed out that "rule of law is the only doctrine that can save the Qing Dynasty today", only the rule of law can save the Qing Dynasty.He believed that to realize the "country ruled by law" not only needs "rule of law", but also should combine the rule of law with morality, the rule of law with civil rights, China and France with the West, only in this way can we build a good country ruled by law.This paper introduces Liang Qichao's efforts to realize "rule by law", and emphatically demonstrates the reasons why the thought of the rule of law has not been popularized and its enlightenment to advance the rule of law in an all-round way in today's society.The main reasons for Liang Qichao's failure to promote the rule of law at that time include: first, the restriction of feudal autocracy on the rule of law; second, the restriction of feudal economy on the rule of law; third, the restriction of feudal traditional culture on the rule of law; fourth, the restriction of feudal autocracy on the rule of law;Lack of support from advanced political parties.The failure of Liang Qichao's thought of ruling by law has enlighten the society to advance the rule of law in an all-round way: first, to advance the rule of law in an all-round way must strengthen the construction of democratic politics, second, to advance the rule of law in an all-round way, we must perfect the socialist market economic system;Third, to advance the rule of law in an all-round way, we must build a socialist legal culture system; fourth, to comprehensively promote the rule of law, we must create a good social environment for the rule of law; fifth, to comprehensively promote the rule of law by law, we must adhere to the leadership of the Communist Party of China.Sixth, the comprehensive promotion of the rule of law can not completely copy the western model.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D909.2

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