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一、群体本位法律思想的主要内容近代中国自国门被列强的坚船利炮打开以后,为了挽救危亡,各派政治力量皆力主仿效西方变法图强,为此形成了种种法律设想。其中,国民党的群体本位法律思想肇始于孙中山,并在南京国民政府时期得到实践,从而对当时法律秩序的建构产生了较大影响。同时,它也深刻体现了西方法律理念在中国社会的变异,故有与其理论母体加以比较研究的意义。群体本位法律思想的理论基石为孙中山的民生史观。民生史观将人类求生存视为历史发
I. Main Contents of Group Legal Thought Since the opening of China’s stronghold and fortifications and artillery guns in modern times, in order to save the country from crisis, various political forces have tried their best to follow the example of the Western government in reforming the law and formed various legal conceptions. Among them, the Kuomintang’s group-based legal thought originated in Sun Yat-sen and was practiced during the period of the Nanjing National Government, which greatly influenced the construction of legal order at that time. At the same time, it also profoundly reflects the variation of Western legal concepts in Chinese society and therefore has the significance of comparative study with its theoretical mother. The theoretical cornerstone of group-based legal thought is Sun Yat-sen’s concept of livelihood. People’s livelihood history view of human survival as history