Democratic Constitutionalism And Revolutionary Legal System: On Shi Liang's Legal Thoughts

Shi Liang is a great revolutionist, politician, and lawyer in the modern history of China. Shi Liang, which protected the human rights as a lawyer in the period of KMT Government, and then directly took apart in drafting and making the Constitution of the R.O.C. as a representative of the National Assembly during the Sino-Japanese War, and then take apart in arranging the New Political Consultative Conference as a representative of Chinese Democratic-League in the process of establishing the People's Republic of China , and then led and organized the constructing of the new legal system of the People's Republic of China as the first Minister of Justice , made her legal thoughts about democratic constitutionalism and revolutionary legal system with the development of history form the New-Democratic Revolution Period to the period of socialist revolution and construction. Shi Liang's legal system has been constantly developing and completing with the development of epoch, the movement of the spirit of the times, and the orientation of Shi Liang herself.As the representative of the democratic intellectuals at the same time, Shi Liang's legal thoughts, especially reflected the change of the concept of the national bourgeoisie and the petty-bourgeoisie from the reformation constitutionalism of capitalist to the New-democratic revolutionary constitutionalism. The change directly fixed the orientation and made the effects in choosing the constitutionalism mode and constructing the constitutionalism of the People's Republic of China. The goal of the article is to try to reflect the variation of the constitutionalism of the democratic intellectuals, and to recognize Chinese Marxism Legal Thoughts objectively and comprehensively through researching Shi Liang's legal thoughts about democratic constitutionalism and revolutionary legal system.The article consists of seven parts:The citation of this paper introduces the historical status of Shi Liang's democratic constitutionalism about democratic constitutionalism and revolutionary legal system, presents the status of academic research on it at home and abroad, and described the significances and the major ideas and methods in this dissertation.Chapterâ… From the course of growth and study of the Madame, the origin of Shi Liang's concept of democracy is revealed, and overall awareness of her concept of democracy will be established. Chapterâ…¡This part describes the activities of Shi Liang in the period moving towards maturity,and analyzes the ideological connotations and characters of Shi Liang's democratic constitutionalism in the period moving towards maturity by combining the social and historical conditions with the ideological and theoretical conditions, in order to form the basic understanding of it.Chapterâ…¢The section describes the course of forming and the twists and turns in the developing of Shi Liang's democratic constitutionalism, and dialectically analyzes the ideological connotations and characters of Shi Liang's democratic constitutionalism by combining the social and historical conditions with the ideological and theoretical conditions, in order to establish the objective understanding of the twists and turns in the developing of it.Chapterâ…£The concept of fixing the democracy with legal runs through the development of Shi Liang's legal thoughts. In the process of establishing the People's Republic of China , Shi Liang's democratic constitutionalism ,which was changed from the reformation constitutionalism to the revolutionary constitutionalism, became the spirit of the constructing of the new legal system of the People's Republic of China, and reformed her developed constitutionalism about achieving the democracy with revolutionary legal system which promoted the constructing of the new legal system of the People's Republic of China by promoting the construction of legislation, constructing the judiciary system , educating the judicial cadres, promoting the judicial reform, and establishing the system about lawyers and notaries.Chapterâ…¤Through comparing Shi Liang's constitutionalism thoughts with Sun Zhongshan's constitutionalism thoughts, Mao Zedong's constitutionalism thoughts, and Shen Jun-ru's constitutionalism thoughts, we can find out the relationgship and the differences among them , which can help us to realize Shi Liang's legal thoughts about democratic constitutionalism .The conclusion restates that Shi Liang's democratic constitutionalism has a vital position in the process of socialist revolution and construction,Chinese Marxism Legal Thoughts and the construction of legal system of China;at the same time,it reveals the inspiration of Shi Liang's democratic constitutionalism for the construction of legal system of China in future.