| Chen Qitian’s concept of "rule by man" which was a theory to guide the construction of rule of law,was proposed in the background of China’s Anti-Japanese War broke out.The "rule by man" advocated by Chen is not opposite to the "Rule of Law".Its definition is "getting the right people to use rule of law",that means,the construction of the rule of law cannot be separated from human participation.The basic point of Chen’s concept of "rule by man" is that "people" and "law" are the essential elements of the rule of law,and both are indispensable;to abandon the formal rule of law,it is necessary to cultivate qualified citizens to make it the main driving force in rule of law.Chen Qitian’s concept of "rule by man" failed to exert its true utility due to the turmoil of the times.Today,the economy is growing steadily,the society is developing steadily,and the role of people In promoting the rule of law can no longer be ignored.Training "qualified citizens”should be treated as the focus of the rule of law.The first part describes the theoretical premise of Chen Qitian’s concept of "rule by man",intended to clarify Chen’s concept of "rule by man" is a thought for the construction of rule of law since modern times.The two theoretical pillars of the neo-legalist-Chang Yansheng’s "biological view of history" and Chen Qitian’s "new nationalism" view of rule of law are the theoretical premise of Chen’s Chen’s concept of "rule by man".Historical context of the era of the "New Warring States" is prompting produce these two theories.The "biological view of history puts forward the "four stages of social evolution theory",and believes that according to this theory,China should be in the national era.Chen’s first used "nationalism" as a transitional guide on the basis of this social evolution theory to build a modern nation-state;then,response to the needs of the times,he advocated must in a democratic society,rule of law could be achieved.The second part combs the scattered content of Chen Qitian’s concept of "rule by man" and makes it a system.After choosing the path of democracy and the rule of law,Chen Qitian criticized that people only paying attention to the form of the rule of law since the beginning of the Republic.Therefore,Chen Qitian advocated the implementation of "rule by man"."Rule by man" means training the democratic style.Therefore,the concept of "rule by man" includes the main contents of the democratic style which besides the "eight creeds"and the humanism philosophy,and also includes the way that cultivate democratic style must be fighting for democracy and learning democracy.The third part analyzes the uniqueness of Chen Qitian’s concept of "rule by man",which shows the advancement of the theory at that time.It highlights the main role of people in the construction of the rule of law,and plays the main role of people in the construction of the rule of law.It is also necessary to realize the "salvation and prosperity"to establish a country which is law ruling as soon as possible;it also emphasizes the systematic cultivation of the modern "citizen" consciousness.The specific content of the "rule by man" concept is reflected.The fourth part compares Chen Qitian’s concept of "rule by man" with the traditional concept of "rule by man",and summarizes the essence of Chen Qitian’s concept of "rule by man".The biggest difference between them is that Chen Qitian’s concept of "rule by man" not only recognize the authority of law,but also emphasizes the cultivation of people,which intend to cultivate true "citizens",the "people" and"Law" Can be in harmony in the rule of law.By combing and summarizing the essence of Chen Qitian’s concept of "rule by man" is training "qualified citizens" to participate in the rule of law and then "qualified citizens" can promote the development of the rule of law.The fifth part combines history to evaluate Chen Qitian’s concept of "rule by man"view,then based on the present thinking about the significance of the concept of "rule by man" in the construction of modern rule of law.Chen Qitian’s concept of "rule by man" can only be regarded as a theoretical construction,but it still has a certain role in the times.At present,the construction of the rule of law in China has fully begun to focus on the cultivation of legal culture and the nourishment of the legal spirit,which also confirms the forward-looking of Chen Qitian’s concept of "rule by man".Of course,the current rule of law practice in China still need hard-working,therefore it demands the "qualified citizen" to promote rule of law.The primary task of cultivating qualified citizens is to work together with society to enhance citizens’ sense of identity with the rule of law. |
