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Reform Of The Justice System In The Late Qing Dynasty

Posted on:2001-08-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:J LiFull Text:PDF
GTID:1116360002452497Subject:Legal history
Abstract/Summary:PDF Full Text Request
The late Qing Dynasty (1840-1911) is a period during which the Chinese society underwent dramatic changes, and it is also an important stage when the traditional Chinese judicial system was transformed to a modern one. The traditional judicial system, with its theories, principles and practices which had developed over thousands of years, failed in dealing with the changed reality of the Chinese society. Its backwardness and inefficiency was increasingly obvious. Therefore, to establish a new judicial system in accordance with modern judicial spirit and applicable to the Chinese society became an important historical project in the late Qing Dynasty. Beginning from the ew political system?initiated in 1902, the Qing court undertook the historical task to transform the traditional judicial system with reference to the modern Western judicial principles. Much efforts were made in ideological shift, organizational and personnel restructuring and the institution of new judicial procedures. During the following ten years, the modern Chinese judicial system was gradually taking shape.The actual transformation of the judicial system during the late Qing Dynasty used to be a weak link in the studies of China judicial history. In this thesis, the author made a thorough discussion on the historical background, process, contents and results of the subject by sorting out and analyzing a tremendous amount of historical data. The author aims to fully display the actual process of the transformation of the judicial system during the late Qing Dynasty, and at the same time, to provide sources for a better understanding of the transformation of modern Chinese judicial system.Besides a forward and the conclusion, the thesis is divided into five chapters.Chapter One Historical Traditions This chapter gives a brief account of the historical developmentts origin, rise, maturation and ossificationf the judicial system in ancient China. The author argues that traditional Chinese judicial systemtakes the royal power as the Slpreme pfnclple,In form It Is a combined executive-judicial Institution,and that讪灯 etlncs and mediation ofl删 suits w0e phaslzed.In actual]udiclal praCtice,unctlonallsm was taken as the guiding pnnclple andlllqlllsltlofl by to觎O WWS Sdsly aPpllld. ChapterW。Crisis in theLateQingjudicial System andtheNeccssity toChange This chaPterfirst analyzesthe chaMes In social stru咖m andthe IWotenceof*the Qingcouftlndealingwlthdomestlc and foreignpressures,W叫纠estMthelate QI吗 Dynasty was de喇y tr叩pod by a ruff旭 cnsls.Thetf叨ltlonaljudlclal systemwas no loflger e征ctlve because ofmewestem colomsts'Inmllgement on Ctuna'sjudicial powe二 the detutuCtlon of*theCtlon radnional systemby the g则ernmdd nsdfandthe resistance of*theance po叩ie吗tnst the then present叮stem.Me删帅lie,the co血至nuousintroMctlon ofV厄stern leqal and Judicld theones and the Judicial system practiced Inthe courts In the concessions also made It necessary forthejudlclal system of*the lateQI呛penod to be tfansformed. Chapter Three"L吧islation Revision","Preparatory ConstitutionalMonarchy" and theGradual Establishment ofthejudicial hdependencePrinciple This chapter discusses the…e political crisis co血oning the Qlllg courtMlowlllg the Boxers Movement Inl卯〕me llllperlal decree to re协m raisd oecurtain on the"newpolltlcal system" program of*them Qing co则.Shortly afterthisc删陨伽"leglslwon r印lslon." Mlowillg伽 SI*彻ss讪伽r of哪4硼05,meQlllg court had to stat the prCparatlons for"constltutonal monarchy''to cope ith thede印ened。scs in 1906.川lthis gra讪ally est劝h劝ed the judicial md叩endencepnnclple to become oe哪ldl旭 pnnclple Injudlclal reforms dunng the late Qi吗penod ChapterFourPromulgation ofNewjudicialLegislation andEstablishmentofNew Judicial Organs This chapter discusses the m刃orjudlclal laws and regulationspromulgatedbythe Qingcourtand theest劝llshme血盯d fijnctlons of*thelons newjudicialo侣ans s虹 u...
Keywords/Search Tags:Judicial System, Tradition, Transformation
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