2005Unpublished venueRequires access

Chinese Jurisprudence Passing through History

Shu Guo-ying

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Abstract

In the historical process of the development of Chinese legal system, jurisprudence has experienced a “break” of knowledge tradition. In the 1990s of 20th century, the fissure of the knowledge tradition of Chinese jurisprudence was gradually rehabilitated. The “academy” factor of jurisprudence itself was strengthened and the jurists' “consciousness of knowledge community” was more and more clear. However, the contemporary jurisprudence was facing the following tasks: how to respond to the strong force of western science, how to establish the Chinese discourse system and study pattern, and how to set up the theories with original creation. The Chinese jurisprudence in future should foster world-known jurists. A theoretical and doctrine system with original creation and Chinese character should be formed to such a level to have a voice in the field of jurisprudence and legal philosophy in the world. The general spirits of the natural science and social science of the time, and the achievement thereof should be reflected in the system.

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What this paper is about

In the historical process of the development of Chinese legal system, jurisprudence has experienced a “break” of knowledge tradition. In the 1990s of 20th century, the fissure of the knowledge tradition of Chinese jurisprudence was gradually rehabilitated. The “academy” factor of jurisprudence itself was strengthened and the jurists' “consciousness of knowledge community” was more and more clear. However, the contemporary jurisprudence was facing the following tasks: how to respond to the strong force of western science, how to establish the Chinese discourse system and study pattern, and how to set up the theories with original creation. The Chinese jurisprudence in future should foster world-known jurists. A theoretical and doctrine system with original creation and Chinese character should be formed to such a level to have a voice in the field of jurisprudence and legal philosophy in the world. The general spirits of the natural science and social science of the time, and the achievement thereof should be reflected in the system.

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Available abstract

In the historical process of the development of Chinese legal system, jurisprudence has experienced a “break” of knowledge tradition. In the 1990s of 20th century, the fissure of the knowledge tradition of Chinese jurisprudence was gradually rehabilitated. The “academy” factor of jurisprudence itself was strengthened and the jurists' “consciousness of knowledge community” was more and more clear. However, the contemporary jurisprudence was facing the following tasks: how to respond to the strong force of western science, how to establish the Chinese discourse system and study pattern, and how to set up the theories with original creation. The Chinese jurisprudence in future should foster world-known jurists. A theoretical and doctrine system with original creation and Chinese character should be formed to such a level to have a voice in the field of jurisprudence and legal philosophy in the world. The general spirits of the natural science and social science of the time, and the achievement thereof should be reflected in the system.

Key concepts: Jurisprudence, Doctrine, Law, Consciousness, Sociology, Therapeutic jurisprudence, Character (mathematics), Political science

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