1. Content: The rule of law is an important part of Liang Qichao’s political and legal thought. He believes that it is divided into three aspects: the "basis" and "basis" of the rule of law and the "fundamental" of the rule of law;

2. Implementation: "three combinations", that is, "the combination of the rule of law and civil rights, the rule of law Combined with morality, combined with Chinese and Western methods."

3. Significance: It is conducive to maintaining the long-term peace and stability of the country and revitalizing China's industry; he believes that "the rule of law is the only doctrine that can save today."

Supplement: Liang Qichao’s five major propositions on the rule of law:

(1) Use the civil law system as a model to formulate the capitalist "six laws" system.

In order to imitate the Western capitalist legal system, Liang Qichao suggested that not only the legal doctrines of Western countries should be widely translated and introduced, but also the "national laws, civil laws, commercial laws, and criminal laws" of Western countries should be translated and introduced. Taking this as a model, he was the first to "establish a constitution" in China and formulate domestic laws including civil law, commercial law, criminal law, procedural law, administrative law, etc. At the same time, research and development of international law should also be strengthened.

(2) Legislate for the people, and the purpose of legislation should be to seek the greatest happiness for the greatest number of citizens.

Liang Qichao believes that to implement the rule of law, we must establish "good laws" and establish "good laws." He said: "Guanzi's theory of legalism is based on obtaining good laws as the ultimate goal." What are "good laws" and "good laws"? How to distinguish between "good" methods and "bad" methods? Liang Qichao believes that the criterion for distinguishing the two is whose interests does the law serve? Whose interests are represented?

If the purpose of the law is to seek "the greatest happiness for the greatest number of citizens" and "following the so-called right path of the greatest happiness for the greatest number", it is a "good law" and a "good law". Because "the interests of many are more important than one, the interests of the people are more important than those of officials, the interests of the majority are more important than the interests of the few, it is so obvious."

(3) Legislative power should be vested in the majority of the citizens, with special independent exercised by the legislative body.

Liang Qichao believes that the most important issue in implementing the rule of law is to solve the issue of legislative power. The issue of "subsidiary to legislative power" is not only "the fundamental basis for the founding of the country" and the "fundamental principle of politics" of the country, but it also directly determines the nature of the law and is related to "whether the citizens can obtain happiness or not, and who obtains it." for the majority or not” and whether the rule of law can truly be achieved.

Liang Qichao also followed Montesquieu’s theory on the decentralization of legislation and administration, and referred to the establishment of legislative bodies in Western countries, advocating the establishment of independent and specialized legislative bodies that exercise legislative power. He said: "Due to the situation and the wishes of the people," China urgently needs to establish an independent and specialized legislative body to "change the system to benefit the people."

(4) The implementation of the rule of law must be done "When laws are established, they must be implemented; when orders are issued, they must be implemented."

Liang Qichao believes that for a country to implement the rule of law, in addition to first formulating "good" "new laws" based on domestic and international situations, it must also emphasize the seriousness of the law, resolutely and conscientiously implement it, and ensure that orders and prohibitions are enforced. , win the trust of the people. He said: "Laws are not to be regarded as decorations. The most important thing is to practice them." He also said: "Legislation is not for the sake of beauty, but for its execution. If you want to develop the habit of obeying the law, you should Before a law is enacted, it must first have the strength to implement it. If the law is very good and beautiful, but the situation is prohibitive, it is better to postpone it. "Legislation is not for decoration. The facade is beautiful and beautiful, but in the final analysis it is for execution. If the law is established but does not work, it will lose any meaning and value and become nothing more than a mere letter. Having laws means being unable to do so, and it would be better not to legislate at all. He said: What is the standard of success and failure for all countries in the world, both ancient and modern? "It is also said that if the law is not established, it is just that the order cannot be carried out." He praised the value of the pre-Qin legalism's legalism because "the law is not established, but if it is established, it will be implemented without any pretense."

How can we enforce orders and prohibitions and win the trust of the people? Liang Qichao highly praised some of the ideas of Legalist Guanzi and believed that in order to implement the rule of law, enforce orders and prohibitions, and win the trust of the people, we must also pay attention to the following points: (1) Strict rewards and punishments; (2) No abuse of legal power; (3) Uniformity, Be concise; (4) Be timely and not conservative; (5) Be governed by the law and be equal; (6) Do not deviate from the national education level and quality level.

(5) Judicial independence.

Based on Montesquieu’s legal principles and historical realities at home and abroad, Liang Qichao clearly stated that in order to establish the modern rule of law, we must fully understand the principle of “judicial independence as the foundation of constitutional politics” and “take judicial independence as the first requirement.” . Because "if the judicial power and the legislative power or the executive power are vested in the same person or in the same body, it will also be harmful to the people's right to freedom. If the judicial power is combined with the legislative power, the life and freedom of the people will be in danger." "Therefore, China's feudal judicial system must be thoroughly reformed and a modern democratic judicial system must be established.

Liang Qichao’s views on the rule of law:

1. (1) Influenced by Montesquieu’s theory, Liang Qichao first regarded the existence of laws and the development of laws as distinguishing humans from beasts , an important symbol of civilization and barbarism.

2. (2) Law is the "will of the state" and "the public instrument of the world". The state should govern the world through legislation.

3. (3) Law is a tool for defining and maintaining reasonable limits of rights and obligations.

In short, Liang Qichao believed that "ruling the country by law" and "law is in governing the country" are precisely to "correct the rights and obligations of the people so that the order of the country can be established." Liang Qichao's thoughts on the rule of law are not only It was progressive under the historical conditions at that time, and it still has important practical reference significance today.

Don’t think too much. Such questions are meaningless

Many troubles are caused by ourselves