| As important political rights in modern society, the right of assembly and association, which usually are ensured by laws in the west countries, should be entitled to everybody in a country that has a constitutional government. From the late- Qing Dynasty, our country turned declined day after day. So the demos assembled to study laws and politics of other countries and discussed national affairs. This gradually made people gain power to rebel against the despotism. Confronting with this situation, the ruling class was so worrying that they put great suppression on people and inhibited people's assembly. However, the social reality and different opinions coming from interior of hierarchy forced Qing Government had to formulate the law that fit for people's assembly and association. Up to now, the research about this law is rare. Even some related thesis only touched on the subject and needless to say the implementation of the law.Through analyzed and unscrambled the law for assembly and association, this thesis tried to reveal some characters of the social and political situation in the late Qing Dynasty. In this thesis, the author also compared the law for assembly and association in Qing with the similar law in Japan. Choosing a special view, which focused on the expression and implementation of the law, the author could prosecute this study in a profound lay and reveal that society from an individual matter.The main body of this thesis is made up of five parts.The first part is the guiding part. I tried to analyze the significance of this topic and outlined the most past research conclusions.The second part is the Chapter 1st of this thesis. The author tried to elaborate the inevitability of the law for assembly and association. From the modern society, the World Powers invaded our country, and the social situation went from bad to worse. The intellectual group argued that the rise and fall ofour nation were related to every man. With this spirit, they brought together to make propaganda for saving the nation and set up many institutes, which broke through the inhibition about the assembly and association at that society. Because of the conflict between different powers, the development of the people's power would inevitably weaken the authority of the emperor. So the official started to suppress the activities of assembly and associations, which made these activities fell to low tide till the WuXu Political Reform. But the XinYou Coup and the end of Japan-Russia War let the Qing Government recognize the importance of giving the people some rights and the necessity of carrying the constitution out. In 1906, the Qing government started to imitate the west countries and carry out the constitution, which excited the activities of assembly and association. Confronting with this situation, the ruling class certainly preferred mild amendment in politics to revolution. So the Qing Government issued the law for assembly and association to regulate the activities related to them.The third part is the Chapter 2nd. This part focused on the expression and implementation of the law. When arguing the expression of the law, the author giving a compare to the similar laws between the Qing Dynasty and Japan. After been issued, the law kindled great different reactions from the society. Generally speaking, the criticisms are much more than the praises, nevertheless, the legislation had admitted the legality of the people's right of assembly and association though the demos and the government didn't really obey the law. The disassociation of the expression and the implementation reflected the social situation at that time and evinced the Qing government's attitude to the constitutional politics. After being carried out for a period of time, the law's deficiencies and lag were obvious, and the councilmen in the central and branch discuss officials raised to revise the law.The forth part is Chapter 4th. In this part, the author elaborated the social significant between the expression and the implementation of... |
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