梁启超法律思想的演变-专门史专业论文.docxVIP

机也不断加重，这就决定了立足于中国传统法律文化的“文化化合”设想是难以 机也不断加重，这就决定了立足于中国传统法律文化的“文化化合”设想是难以 成功的。 不可否认，由于阶级和时代的局限性，梁启超的法律思想还不够成熟和理论 化，往往是随感而发。但将之放在当时的历史背景下，其进步性是不容置疑的。 关键词：梁启超；法律思想；中国传统法律文化；西方法律文化 AbstractLiang Abstract Liang Qichao is a very important character in Chinese modem history．He is famous for plenty ofbooks，even more for his quick change．He admits himselfthat ‘Msing today himself replace past himself’．As a part of ideal system，his legal thoughts has changeable character as the same．Before 1899，Liang Qichao has legal thoughts ofChinese law is basis，western law is used”．One aspect，Liang Qichao puts emphasis 011“ruling old country needs new law’，he points that through the hundred days’reform，bring in amounts of western culture，especially western political legal system，in order to save nation crisis．But another aspect，because of influenced by his early knowledge structure，life experiences and social background， he insists on‘‘Chinese law is basis’，tries to recognize Chinese traditional legal culture in standard angel．In order to put Chinese and westem legal culture into one comprehensive ideal system，Liang Qichao uses the idea of‘％vestern law is oriented from Chinese law’，tries to abate the conflicts between Chinese and western legal culture． Between 1899 and 1917，Liang Qichao has the idea of‘‘westem law is first， Chinese law is second’．One aspect，he is deeply influenced by westem enlightenment intellectuals，SO he puts building country rule oflaw as his objective．He takes western legal thoughts as a玎ns．points out a series ofthoughts ofwestern spirit ruling oflaw, such as legislation power should be mastered by most nation，setting up legislation sector,judicial and administrative power should take part．He tries to use western law and politics 88 model，reforms Chinese traditional political and legal system，really initiate a good complexion of“legislation is civilized，legal justice”in China，in orderto s甙upamodel ofnation ruleoflaw．Anotheraspect．LiangQiehaoisnottotal westemizntion o