章太炎法律思想探析
發(fā)布時間：2019-04-12 19:38
【摘要】：章太炎是研究中國近代史時一位不可或缺的知識分子，他不僅是資產(chǎn)階級革命派中的一員健將，為中國近代的資產(chǎn)階級革命作出了重大的貢獻(xiàn)；更重要的是他同時還是中國近代的一位大學(xué)問家，是一位典型的中國知識分子。他學(xué)識淵博，弟子眾多，他的思想不僅對資產(chǎn)階級革命派有影響，更對他的眾多弟子都會產(chǎn)生影響，這也從一個方面決定了他思想影響的廣泛度。而法律思想是他思想體系中的一個重要組成部分。所以全面了解章太炎的法律思想，不僅有助于了解當(dāng)時資產(chǎn)階級革命派的法律思想，更能在一定程度上了解中國典型的知識分子在面臨國家社會大變革的時期對中國法治建設(shè)的思考。在本文中，我將重點(diǎn)展現(xiàn)的是章太炎作為一個中國近代典型的知識分子，在社會大變革的時期，，在積極參與對我們這個古老國家的重建過程中，他在法治建設(shè)方面有什么思考。本文將首先簡要介紹先生的生平與法律思想的幾個主要淵源，之后重點(diǎn)論述章太炎在立法與憲政兩個方面的思考，在這里對這兩部分的論述都將嚴(yán)格地按照時間的順序，以求比較明晰地體現(xiàn)章太炎法律思想在不同時間段的變化，這個變化主要體現(xiàn)在他的憲政思想中。立法方面的思想主要概況為：重法治、輕人治、立法不厭酷而厭密、“損上益下”的立法原則、立法必須“因俗而治之”、“因時立法”；憲政方面的思想主要概況為：平等非撥亂之要、行藩鎮(zhèn)可救中國時弊、國家建立過程中要重視法律與道德、既反專制又反代議、分權(quán)思想、聯(lián)省自治，之后將概述章太炎憲政思想的主要變化及產(chǎn)生這些變化的原因。
[Abstract]:Zhang Taiyan was an indispensable intellectual in the study of Chinese modern history. He was not only a good member of bourgeois revolutionaries, but also made a great contribution to the bourgeois revolution in modern China. More importantly, he is also a modern Chinese scholar, a typical Chinese intellectual. His profound knowledge and numerous disciples influenced not only the bourgeois revolutionaries, but also many of his disciples, which also determined the wide-ranging extent of his ideological influence. Legal thought is an important part of his ideological system. Therefore, a comprehensive understanding of Zhang Taiyan's legal thoughts was not only conducive to understanding the legal thoughts of the bourgeois revolutionaries at that time. To a certain extent, we can understand the typical intellectuals' thinking on the construction of China's rule of law during the period of great changes in the country's society. In this paper, I will focus on showing Zhang Taiyan as a typical intellectual of modern China, in the period of great social change, in the process of actively participating in the reconstruction of our ancient country, his thinking on the construction of the rule of law. This paper will first briefly introduce Mr. Liu's life and several main sources of legal thought, and then focus on Zhang Taiyan's thinking on legislation and constitutionalism. Here, both of these two parts will be discussed strictly in accordance with the order of time. In order to reflect the change of Zhang Taiyan's legal thought in different periods of time, this change is mainly reflected in his constitutional thought. The general situation of legislation is as follows: emphasizing the rule of law, neglecting the rule of man, not tired of cool and secret legislation, the legislative principle of "harming and benefiting", legislation must be "governed by vulgarity" and "legislated according to time"; The main outline of constitutionalism is as follows: equality is not necessary to stir up chaos, and vassal towns can save China's disadvantages. In the process of establishing a country, we should attach importance to law and morality, both anti-autocratic and counter-representative, thinking of separation of powers, and autonomy of the United provinces. After that, it will outline the main changes of Zhang Taiyan's constitutional thought and the reasons for these changes.
【學(xué)位授予單位】：湘潭大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D909.2
本文編號：2457332
[Abstract]:Zhang Taiyan was an indispensable intellectual in the study of Chinese modern history. He was not only a good member of bourgeois revolutionaries, but also made a great contribution to the bourgeois revolution in modern China. More importantly, he is also a modern Chinese scholar, a typical Chinese intellectual. His profound knowledge and numerous disciples influenced not only the bourgeois revolutionaries, but also many of his disciples, which also determined the wide-ranging extent of his ideological influence. Legal thought is an important part of his ideological system. Therefore, a comprehensive understanding of Zhang Taiyan's legal thoughts was not only conducive to understanding the legal thoughts of the bourgeois revolutionaries at that time. To a certain extent, we can understand the typical intellectuals' thinking on the construction of China's rule of law during the period of great changes in the country's society. In this paper, I will focus on showing Zhang Taiyan as a typical intellectual of modern China, in the period of great social change, in the process of actively participating in the reconstruction of our ancient country, his thinking on the construction of the rule of law. This paper will first briefly introduce Mr. Liu's life and several main sources of legal thought, and then focus on Zhang Taiyan's thinking on legislation and constitutionalism. Here, both of these two parts will be discussed strictly in accordance with the order of time. In order to reflect the change of Zhang Taiyan's legal thought in different periods of time, this change is mainly reflected in his constitutional thought. The general situation of legislation is as follows: emphasizing the rule of law, neglecting the rule of man, not tired of cool and secret legislation, the legislative principle of "harming and benefiting", legislation must be "governed by vulgarity" and "legislated according to time"; The main outline of constitutionalism is as follows: equality is not necessary to stir up chaos, and vassal towns can save China's disadvantages. In the process of establishing a country, we should attach importance to law and morality, both anti-autocratic and counter-representative, thinking of separation of powers, and autonomy of the United provinces. After that, it will outline the main changes of Zhang Taiyan's constitutional thought and the reasons for these changes.
【學(xué)位授予單位】：湘潭大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D909.2
【參考文獻(xiàn)】
相關(guān)期刊論文 前3條
1 楊天宏;章太炎《代議然否論》平議[J];四川師范大學(xué)學(xué)報(社會科學(xué)版);1988年02期
2 曾謙;;論章太炎的佛學(xué)思想[J];求索;2006年03期
3 郝鐵川;一個資產(chǎn)階級革命理論家的失誤與悲劇──章太炎憲政思想剖析[J];探索與爭鳴;1994年03期
本文編號：2457332
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