The Study Of Sa Shijiong's Constitutionalism Thoughts

During the period of the Republic of China to promote the modern legal system process,batch legal healt hyenterprise,social background and the conflict between Chinese and western civilization in blighted under the background of the collision,and made hard exploration and unremitting efforts,conditional expert Sa Shijiong is one of the outstanding representatives.This article for his constitutional thought thorough carding and analysis,through its works using the method of literature research to dialysis its constitutional thought spark,fill a blank in this thought,analyze its inner Zhang Li and theory of constitutional thought enlightenment.Conditional expert Sa Shijiong widely with traditional law on the one hand,the detailed study on the history of Chinese law;On the other hand in the translation of western law in the process of the classics and to visit abroad,to accept the edification of the western modern idea of rule of law.This article is divided into three parts,to illustrate the problem.The first part introduces the shaman Sa Shijiong legal thoughts the political and cultural background and legal reform background.Through the two big background,which is reduction of Sa Shijiong life s social status and legal process,but also showed Mr Sa Shijiong legal thought and thought characteristics of formation of the external factors.The second part combed the shaman Sa Shijiong the main content of legal thought,because "the constitutional history of the Republic of China" is the most influential book,is also the main participation,so this article from the compiling style,basic content and theoretical contributions to theory to clarify the constitutional thought,secondly,from the place where kle ShiJiong system and local autonomy thought and history of Chinese and western constitutional studies two aspects of literature review and the review.The third part of conditional expert ShiJiong Sa legal thought has made the evaluation,including the historical position and the limitations and significance,however,is its historical position of course or local autonomy,the history of Chinese and western constitutionalism,etc.,as well as the contribution to the education of law and judicial reform;Limitations mainly during the period of the Republic of China on his increasingly insist on decoroums,legal thought in the feudal ethical code elements heavier;Reference on mainly from the present law of China is advancing,ShiJiong to under the background of war frequently to stick to the rule of law belief is of great significance to cultivate the whole society of the rule of law belief,absorbing the ancient legal essence in legislation judicial reform has reference value for the legal transplant and localization,and its judicial reform thought has important reference for today's reform of the judicial system.