To Shi Shangkuan Development Of Legal Thought And Contemporary Legal

During the period of People's Republic, this period is a relative especial of our country's jurisprudence development. This distinctive society and history of environment support relative wide condition and atmosphere for all kinds of legal thinking spread. The People's Republic jurists scope from respective political standpoint and difference research of study, it support different doctrines and the thinking of problem solutions. All of these enable our juniorities get many precious experiences from these, meanwhile, it become a treasurable spiritmeans. In our country's contemporary legal system modernization.This passage select the People's Republic famous civil law jurist—Shi shang kuan. As a research target, Mr. shi was study in foreign country. At first, in Japan, then in German and France. When he returned himself's country, he act as Guomindang's "legislature", "jural commission" and "drafting the People's Republic of civil law five man team". He participate the compilation of People's republic civil law code. He compilation 《Civil law integrated volume》 (six volume)on his own. So, he was recommend as "Chinese civil law number one", by Chinese professional jurist group. Mr.Shi's jurisprudence thought is very wide and cyclopedic and he made this notion that "make society as the most important position"; "adopted the system which combination civil law and business law as one" and "San min principle", meanwhile, he try his best to adopt and explain by new ideas.Mr. shi not only notice the society's real situation but also his legal thought react strongly the raising problem with nowdays jural revolutionary. All of these had revelations to our modern society. Mr. Shi's civil law research thought had become the important link of Chinese tradition civil law and modern civil law. Meanwhile it had become the bridge of civil law's history and future. So, refer to Mr.shi's jurisprudence thought, we view that it is a very significant work to redig, retease, think it carefully, absorbing the experiences and disciplines from him.