The Third Position of Chinese Jurisprudence: Cai Shuheng and His Cognition to Colonization of Legal System in Modern China

In the jurist of the Republic of China Cai Shuheng’s argument, colonization becomes a key word in describing legal system of Chinese modern time as well as one of the faces of the nature of modern Chinese legal system. Colonization of the legal system of China was decided by the nature of modern China. In the social ethos of de-colonization, colonization in legal system became more distinct and the goal of transforming legal system of modern China became clearer. In process of pursuing transformation, “the newest is the best” mode of legal reform caused the poverty of modern Chinese jurisprudence. Formalism in legal cognition strictly distinguished legal forms and legal contents. Therefore the development of legal system as the social fact has exprienced a fracture. Follow the explanations of Cai Shuheng’s explanation for colonization of the legal system in modern China, historical social situation of “the Shen faction” and “the anti-Shen faction”in Cai’s opinion could be clarified, world view, law view and methodology of Cai’s third position of Chinese jurisprudence could be cleared, which could offer enlightenment for the exploration of the present localization of Chinese jurisprudence.