论常燕生以“生物史观”为基础的新法治主义

Chang Yan-sheng's thought of New Rule of Law on the base of Biological View of History

为适应近代中国的救亡需求,新法家主要代表常燕生融合西方进化论学说和中国古代法家的法治思想,创生出有机生物史观和国家主义法治思想。以此为基础,常燕生大力提倡文化启蒙,主张建构近代民族国家,呼吁走渐进改良式的救亡道路。常燕生的思想因而带有明显的济世救亡的工具主义特质。批判性地反思其缺陷和不足,镜鉴其菁华,必大有益于当世"法治中国"建设。

Based on western evolutionary theories and doctrines of pre-Qin legalists, Chang Yan-sheng, the represen-tative of the neo-legalists, advocated his biological view of history and the thought of governing by law to save the nation from extinction. He advocated the cultural enlightenment and gradual improvement, proposed the construction of a modern country, and called for the construction of a modern nation. Chang Yan-sheng ’s theory has clear instrumental characteris-tics associated with the salvation of China. It is necessary to put critical reflection on its defects and learn from its essence, so as to absorb the ideological resources to realize “governing by law” in China.