A Study On The Cognition Of Social Elite Rule Of Law During The Beiyang Government Period

The rule of law in modern China as an imported product into the Chinese vision.For traditional China,the rule of law is a new concept and thought from outside,which means an advanced and civilized way of governance,therefore,it is necessary to grasp the connotation and constitution of the rule of law,deal with the relation and difference between the rule of law and other things,and promote the implementation of the rule of law in modern China.The rule of law,like the Constitutional Monarchy,Parliament,political party and other systems or ideas,with the arrival of modern Western countries,with the invasion and plunder into the vision of the Chinese people,and always with the transformation of the political system,the consolidation of political power,strong and rich country,promote the state and social transformation and other themes of the times closely linked.As a special period in modern Chinese history,the period of Beiyang government,the inherent impression left to us is not only the political situation and social reality such as the warlord separation,the political situation chaos,the contradiction between the central government and the local government,the social disorder,the People’s life hardship,etc..It is also an era of diversity of thought and freedom of expression,in which everyone can express his or her views and attitudes on certain things or concepts in the press,and express his or her dissatisfaction with politics in words and deeds,by criticizing a political figure or a policy to express their inner thoughts,of course,will be directed against the political situation or reality of the corresponding countermeasures,in order to change the status quo.In the late Qing dynasty,the concept of the rule of law entered the vision of the Chinese people,and triggered the discussion and heated discussion of the rule of law among the Chinese people,the discussion and cognition of the rule of law goes further.Therefore,through the analysis of the Beiyang government period of the social elite’s knowledge of the rule of law,we can do a comprehensive analysis and grasp of the evolution of the rule of law in this period.The rule of law is the concept of governance in modern Western countries,while the traditional Chinese concept of governance is the rule of etiquette.Therefore,before analyzing the knowledge of the rule of law of the elites in the Beiyang government period,we need to give a brief overview of the concept of rule of etiquette in the traditional Chinese period,and pay attention to the debate of rule of etiquette in the law reform of the late Qing dynasty,this paper discusses the impact of the concept of rule of law on the rule of propriety and the activities carried out by the Chinese people in the late Qing dynasty under the influence of the concept of rule of law.Secondly,the analysis of the Beiyang government period of the social elite’s awareness of the rule of law,including the understanding of the meaning of the rule of law,the elements needed to constitute the rule of law,the differences and links between the rule of law and the rule of man,and the countermeasures on how to build a country ruled by law,it can be found that the social elites’ cognition of the rule of law in this period not only inherited and carried forward the concept of the rule of law in the late Qing dynasty,but also innovatively understood and cognized it on the basis of the current situation and social reality,thus highlight the rule of law in the Beiyang government changes.Furthermore,from the point of view of judicial judgment,this paper discusses that the court,through the trial of a case,the use of its authority,the use of repeated legal practice and speech,the introduction of the concept of rights in the modern concept of the rule of law,and the use of judicial precedents,to accept the concept of rule of law to the general public,guide the public to form a rule of law awareness.Finally,the paper analyzes the characteristics of elite’s cognition of rule of law,and puts forward some measures to strengthen the cognition.By concentrating on the period of Beiyang government,the research object is summarized as the social elite,and the research content is defined as the cognition of rule of law,the study of the spread and evolution of the rule of law in early modern Beiyang will enrich the study of the concept of the rule of law,the history of the Republic of China and the history of China,it also provides experience and reference for the modern public to understand the concept of modern rule of law.