Chen duxiu is an influential politician and thinker in modern and contemporary Chinese history who has an in-depth study and unique understanding on the following things: internally, it includes the constitution,provisional consitution, state system, polity, authority, law, democracy and freedom while externally the unequal treaty, concession,consular jurisdiction and so on. This paper gives detailed analysis about his thoughts from four aspects:constitution and constitutionalism, people's freedom and rights, his new opinions on democracy and freedom and rights in his later years and his opposition to the unequal treaty and extraterritoriality. It can be concluded that Chen Duxiu's legal thoughts are presented as advocating democratic constitutionalism internally while stressing the maintenance of state sovereignty externally.%陈独秀是中国近现代具有很大影响的政治家和思想家,对内关于宪法、约法、国体、政体、权力、法律、民主、自由;对外关于不平等条约、租界、领事裁判权等,都有深入的研究与相当的见解.文章在宪法与宪政;人民的自由与权利;晚年对民主制度与自由权利又有新看法;反对不平等条约与治外法权等四个方面进行细致论述.结论为:陈独秀的法律思想表现为对内主张民主宪政对外强调维护国家主权.
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