Abstract:During the first half of the 20th century, Chinese writers cheered and supported the construction of the rule of law at the theoretical level. The most representative ones are Liang Qichao, Hu Shi and Lin Yutang. Their attitude is clear and firm, and they have the consistency of purpose, that is, taking the rule of law as the way to promote China’s progress, and advocating for the construction of the rule of law. On the one hand, they reveal the resistance of the rule of law in Chinese society from historical and traditional level, reveal the facts about the rule of law in the reality of the times, showing the spirit of realism and criticism. On the other hand, they reveal the qualities that the rule of law should have, showing the idealistic spirit of the worship and imagination about the rule of law. Due to the diversity of Chinese culture and the complexity of Chinese reality, there are limitations in the theory and practice of the rule of law by Chinese writers, mainly because of the utilitarian interpretation of traditional culture of law and its inherent contradictions, and the contradictory attitude towards enlightened autocracy.
董 燕. 20世纪上半叶中国作家的法治观及其局限性——以梁启超、胡适、林语堂为中心[J]. 华中师范大学学报(人文社会科学版), 2021, 60(5): 101-109.
Dong Yan. Chinese Writers’ View of the Rule of Law andIts Limitations in the First Half of the 20th Century——Centering on Liang Qichao, Hu Shi and Lin Yutang. journal1, 2021, 60(5): 101-109.