Ch'u Legal Thought

QuTongZu, the transformed scholar of modern Chinese society, plays a significantly transitional role of Chinese law and Chinese studies. QuTongZu believes there is an affinity between the Chinese law and the Chinese society, which can not be considered a separate existence. The generation of society, the law is essentially related to the custom, rule, morality,and the way people cognize the world etc; Only by fully understanding the law of producing a particular social context in order to understand these laws Significance and role. He used the functionalist analysis of more than two thousand years of Chinese traditional society in the spirit of law analysis. This method before the founding of New China has very clear of the times, QuTongZu adopts western sociology method to study the law of Chinese traditional society, and their relations for a great contribution to the study of Chinese law. But the academics have not thought of him a more detailed academic studies say that it is a pity, this paper intends to combine QuTongZu related works, try thinking of his sociology of law to conduct a systematic summary, analysis and Comb, hoping to study sociology of law in China to provide relevant information, to make a contribution to our academic heritage, for the construction of China's socialist legal system to provide some reference material.This article on the structure is divided into three parts:The first part introduces the background and QuTongZu theory origin, mainly to solve the QuTongZu study of Chinese law and China's social background of the times, analyzes the pattern of changes in social circumstances, under the situation of The Times QuTongZu thought. At that time the history of jurisprudence, law and sociology of the QuTongZu thought the Sociology of Law Ideas.The second part discuss the main content of QuTongZu legal thoughts, this paper analyses the QuTongZu books and other related articles, research QuTongZu legal thoughts of the basic content. This paper argues that the legal thoughts QuTongZu sociological ideology is mainly method, mainly includes two parts, one is to Chinese traditional legal research of the relationship between society and, through the family law and national properties and the relationship between research think Chinese traditional society is the nature of identity in this society, traditional Chinese legal identity under the social ethical law, two characteristic is in one conclusion, in the process QuTongZu mainly adopts functionalism analysis and empirical research method, this paper of the two kinds of research methods QuTongZu method in the concrete manifestation sociological ideology in research, the paper finds out that diachronic 2000 years of traditional Chinese society, the spirit of law analysis methods of functionalism has certain advantages, but also have overlooked shortcomings. The empirical analysis methods of QuTongZu widely adopted, all kinds of law, sociology materials to study the traditional Chinese society and social law, thus draws the characteristics of ancient Chinese legal what this is spirit and fellow economist must learn to place. This part is the key in this paper.The third part analyzed QuTongZu's method of sociological ideology, and the revelation of modernity in the main investigation socialist law system with the process of how to treat the night of folk law role in socialist legal system in the process of establishing the role of how seriously methodology.