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The Abolition of the Old and Establishment of the New in Chinese Jurisprudence from the Perspective of the May Fourth Movement: The Evolution of Ideas and the Reconstruction of Institutions
Abstract
This article explores the impact of the May Fourth Movement on the development of Chinese jurisprudence. Prior to the May Fourth Movement, Chinese jurisprudence had already embarked on a process of modernization but faced numerous challenges. The May Fourth Movement is often absent in contemporary legal studies, primarily because its influence was exerted more on the ideological and cultural levels, which distances it from the orthodox logic of legal transformation. Nevertheless, its impact on Chinese jurisprudence is significant. In terms of "abolishing the old," it criticized Confucian traditional ethics to break the shackles of feudal morality, negated feudal old culture to advocate for a scientific spirit, and opposed classical Chinese and old literature to promote a literary revolution. In terms of "establishing the new," it pursued political democracy to safeguard the political rights of the people, and the spread of Soviet socialist legal systems set a new practical direction for Chinese jurisprudence and established a people-centered value orientation. The May Fourth Movement represents a crucial turning point for Chinese jurisprudence transitioning from tradition to modernity, laying the groundwork for the development of jurisprudence in later generations.
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