An Analysis Of Shi-jie Wang’s Legal Thoughts

Shi-jie wang(1891-1981) word snow boat, hubei worship Yang, during the period of the republic of China famous jurists. His life studies, both the background of traditional culture, and accepted the western modern political legal thought influence, and is one of the important founder of the period of the republic of China constitution research, is also the main leader in advocating western liberalism thought. Because of its experience in politics, economist for a long time, the study of shi-jie wang more focused on areas such as politics, education, and foreign, but often ignore the legal thoughts. Based on shi-jie wang’s own life and its various works and combined with domestic and foreign scholars about the shi-jie wang research and evaluation, from the perspective of legal history, first discusses the shi-jie wang’s life and his legal thought formation history background. Secondly, this paper discusses the shi-jie wang the main content of legal thoughts. Finally, the shi-jie wang legal thought characteristic and the influence for analysis, and legal thought of how to accurately know the shi-jie wang put forward its own views.The introduction part mainly introduces the historical position of shi-jie wang, stated the related research situation, finally points out the research methods and innovation of this article.The first part mainly introduces the paper text shi-jie wang legal thought formation history background. Including the shi-jie wang family, learning experience, and political career and the era background and legal thought form. The king of the world outstanding body’s superiority, at an early age he accepted the good education of Chinese traditional ideology and culture, then to participate in the revolution and study in Europe, gradually grew into a liberal intellectuals, and then to research for the ideal politics, visible through all his life in the struggle for the pursuit of freedom and democracy. These experiences for its legal thoughts clearly laid a profound theoretical and practical basis. Is also for this reason, shi-jie wang’s legal thought is the brand of times.The second part is mainly on the specific content of the shi-jie wang legal thought summarized and analyzed. This part mainly covers the concept of national sovereignty, human rights, the legislative concept, idea and concept of international peace and so on. On national sovereignty, shi-jie wang advocated the abolition of the unequal treaties, safeguarding state sovereignty and territorial integrity, and recover the extraterritoriality, and the Chinese consular referee system in detail on the present situation and the cancellation procedure of investigation and analysis; In the field of human rights, shi-jie wang has always been the pursuit of individual freedom and other legitimate rights and interests protection. Its advocates equality between men and women at the same time, the Chinese have always been the handmaiden of system and concubinage bound spring made a scathing critique of the female, and actively seeking women’s liberation and their rights and interests protection. In addition, on the issue of the state compensation liability to the people, shi-jie wang is also discussed. On legislation idea, he advocated legislation to, since the evaluation, based on the nations "administrative legislation" and "economic law" a comparative study of the trend of thought in China also might as well draw lessons from. In addition, he also pays attention to pass legislation to strengthen the protection of labor rights and interests of the weak such as; On the issue of the political system, shi-jie wang had promoted democratic representative, and the time problem of the partition of unity, discusses and the government organization form; As to the problem of international peace, shi-jie wang advocated by international organizations through legal means to solve international disputes, the international immigration of timely published his opinion.The third part is mainly to make some comments shi-jie wang’s legal thoughts, including its legal thought characteristics, influence and limitations, and so on. As an important part during the period of the republic of China law thoughts, shi-jie wang’s legal thoughts more present the characteristics of democracy, the rule of law, at the same time with a strong brand of The Times. At the same time, the legal thought has greatly promoted the development of the law in our country since the modern enterprise, and the construction of legal system. As for its limitations, mainly is the study of in-depth, idealism color is relatively strong.