沈家本憲制思想述略

Abstract

From the 1980s to the present, the academic research on Shen Jiaben's thought has generally presented a scene of multi-dimensional advancement from legal thoughts to institutional culture, as well as legal education and legal research methods. As for the general outline of constitutional thought, there is still much room for discussion. Behind Shen Jiaben’s synthesis of Chinese and Western legal theories and legal practices, all are permeated with constitutional thoughts. Shen Jiaben's constitutional thought is a comprehensive ideological system composed of decentralization as a means, rule of law and judicial independence as the core, and national rejuvenation and protection of civil rights as the purpose. It took the opportunity of preparatory institutions and talent cultivation, from revising old laws, establishing new laws to reforming the judiciary, thus unveiling the prelude to the modernization of Chinese law. The whole constitutional thought and its realization path have significant reference value for the modern rule of law reform. To a certain extent, it enlightens us: it is necessary to establish a more comprehensive rule of law system based on the needs of the public in society, and to lay a legal foundation for social transformation; and there is a need to strengthen institutional reforms and talent cultivation, and promote comprehensive research on the allocation of state power; moreover, adhere to the main thrust of national rejuvenation and the protection of people's rights to achieve social development steadily.