西方法律平等理念及其对民国时期的影响

Western Concept of Isonomy and Its Influence during the Republic of China

西方法律平等的理念源远流长,它是西方资产阶级在反封建的过程中所提出的思想观点,也是人们对法律公平设计和运行的一种理想价值判断,具有极为丰富的内涵,体现在立法、司法、守法等不同法律活动环节,真正彰显了法治社会的公平正义。清末民初,西方法律平等理念传入中国,经过当时的知识精英所作的中国化诠释,形成了中国的平等理论和学说,对民国社会产生了深远影响,开启了民国社会政治民主的新纪元。

Western concept of isonomy has a long history. The idea was pointed out by western bourgeois in the process of anti-feudalism, and is always an ideal value judgment of the fair law design and operation. It has rich connotation embodied in different legal activity links like legislation, judiciary, and law-abiding. It really reveals the fairness and justice of society with rule of law. Western concept of isonomy was introduced in- to China in the late Qing Dynasty and early Republic of China, through the local interpretation of temporal Chinese intellectual elite, formed the local equality theory which has profound influence on the society of the Republic of China, and opened a new era of political democracy of Republic of China^s society.