The Comparing Study Of Sun Zhong-shan And Song Jiao-ren's Law Ideology

Since modern history, the advanced Chinese, who were faced with "the transformation situation that there was none ever since the beginning of the age, " they took advantage of all kinds of ways to explore the modernism way painfully. It can get rid of calamity and extricate themselves from a predicament. It was Sun Zhong-shan and Song Jiao-ren' s revolutionary ideal to build a unified republic of bourgeoisie democratic in the land of China. They have spent all their life pursuing it. Their broad and profound law ideal has produced profound and far-reaching influence on construction of modern Chinese politics and legal system, And they have found an exploring way of democratic constitutionalism.There are too numerous works about discussion of D. Sun Zhong-shan law ideology to mention individually in academic circles and some of them were wide and profound. Consider The Study of Sun Zhong-shan law Ideology by Tang Zi-bing with abundant content, full and accurate data, reasonable system and perfect statement. By contrast, the works on the law ideology of Song Jiao-ren had only a few sheets of paper and the limited writing was far from systematical. As far as I know,no one has compared Sun Zhong-shan law idea with SongJiao-ren' s. Therefore, there is wide space on comparing the study of Sun and Song s law ideology. This was the original intention to write the article. I studied the forms of their law ideology, views of democratic law, thoughts of constitution, thoughts of native and department law and ideology of international.In the first chapter, I analyzed the form of their law ideology and compare background, forming time, forming origin, the whole of law ideology, and so on.In the second chapter, I analyzed similarities and differences on theirs thoughts of democracy and law. They exposed and criticized Qing' s corrupt judicature system and expressed the views of capitalistic democratic law.In the third chapter, I compared their constitution ideology. And I discuss the similarities and differences on their constitutionalism theory, the ideology of Five Right Constitution and Separation of the Three Powers, the difference of presidential system and Responsibility Cabinet and parliament political.The forth chapter analyzed their department law. The chapter discussed Sun Yat-sen' s law'ideology on civil law and criminal law.The fifth chapter compared international law ideology . It stressed the theory of Song Jiao-ren international law that is profound and wide .The theory formed complement with Sun Zhong-shan civil law and criminal law ideology.In a word, through the above comparatively study, I think Sun Zhong-shan and Song Jiao-ren are forerunners who probed bourgeoisie legality construct . In the process of Chinese modernization, they filled up many law blank of China' s legality history. Their law ideology had their own strong points and coordination with each other. They gave remarkable contribution to Chinese legality.construction. As a whole, Sun Zhang-shan ' s law ideology is more systematic, more democratic and more revolutionary than Song Jiao-ren' s.