略论沈钧儒的法律思想与实践

A Brief Discussion about Shen Junru`s Legal Thought and Practice

该文对学术界关注不够的近代法学活动家沈钧儒的法律思想与实践予以专题探讨 ,试图指出 :沈钧儒的法律思想萌生于清末预备立宪时期 ;提倡以法治国、推崇司法独立、主张用法律保障人权 ,这是构成沈氏法律思想及其政治生涯的主体部分 ;沈氏的法律思想与司法实践曾深深影响一大批民主人士和普通民众 ,成为中国近代法制史上不可或缺的一页。

The thesis delves into the legal thought and practice of Shen Junru, modern law activist, to whom little attention has been paid in the academic circles, attempting to point out the points of views as follows: The legal thought of Shen Junru arose in the preparatory constitutionalism period at the end of Qing Dynasty; the main body of his legal thought and political career was constituted of advocating the view of administrating a country with the law, having highly esteem for the independence of the judicature and standing for guaranteeing the human rights with the law, besides, his legal thought and judicial practice had ever deeply influenced large numbers of democratic personages and common people, which has become an indispensable part in Chinese modern legal history.\;