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Another Manifestation Of The Dao Qi: Institutional Change

Posted on:2005-03-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y XiaFull Text:PDF
GTID:1116360122481878Subject:Legal History
Abstract/Summary:PDF Full Text Request
The evolvement and change of law system of one society is complex, it heavily depends on the background of culture, value and tradition of the society. One of the approaches of law evolvement is law transplant. Law can be transplanted; this is determined by the nature of the law and the society. Law transplant can be easily realized, and the text of law can be easily amended, but the law which is much advanced not always means that it can be fully applicable to the specific society, not always means that it can be easily adopted by the society. How to transplant the law This is a question which is difficult to answer. Law transplant is not math, which has precise calculation and can get comparatively accurate result, and many times it appears that it is difficult to judge which is adaptable, which is not.We always see this vision, because the force comes from regime, the law can be enforced in a country. But the value of law not rest with the text, but with the applicability of the law. Law can not be abided by is not good law. The force which comes from regime and the applicability of law sometimes appears a kind of interactive process. While the force comes from regime is powerful enough, the law can be enforced, but this is just temporary, when the force fade away, the law then can not be enforced. How can we explore the applicability of law? How can we find an appropriate way for law evolvementThe characteristic of tradition law give us one opportunity. In tradition law system, law has many different lays. Law made by regime is the most important one, but not the exclusive one, there are many other sources, and this sources are from local authority, from kindred, from guild. All this sources make up of the tradition Chinese law system. All this sources underwent evolvement and change, and this adds complexity to the evolvement and change of the law. But at the same time, this provides us a good route or angle of view to the evolvement and change. Force on law from local authority, from kindred, from guild is less powerful than that from regime, and they can reflect the applicability of the law truly.After 1840, English get Settlement in China, this dissertation focus on Shanghai settlement, which is notorious in recent China history; focus on the law implemented in it. One of the basic laws of the settlement is the law about Dao Qi. Dao Qi is the system about how to get land in Shanghai settlement. In the beginning, the system only can beused for the foreigner to get land in Shanghai; gradually it also can be used by Chinese. This system comes into being under the treaty between China and Britain, and the system gives us many impressions on recent law. The enforcement of the system can be regard as another kind of evolvements and changes of law.There are 8 chapters in this dissertation. The first chapter is about the appearance of the Dao Qi. After English got settlement in Shanghai, Shanghai Land Regulation gets signed. This Regulation gives birth of Dao Qi. That is, Dao Qi's appearance is the result of negotiation between China and Britain. The second chapter is about the development of system of Shanghai Settlement and the Dao Qi. This is why Dao Qi can have influence. The nature of Shanghai Settlement changes and these changes bring Dao Qi into Chinese world. The third chapter emphasizes on the operation of Dao Qi. The basic system of Dao Qi comes from China tradition law and English law, but it has development. This development can be regard as a kind of development and change of China tradition law. In the fourth chapter, this dissertation gives a view of change of administration of land affairs in tradition Chinese society. There is a new department appear, that is Land Measure Office. This office is in charge of issue of Dao Qi, and it can be regard as an office has modern character. Land Measure Office then is as an example, and Wusong and Shanghai General Engineering Bureau take the lead of it. The fifth chapter discusses the most powerful impact of Dao Qi on traditional Chinese s...
Keywords/Search Tags:Manifestation
PDF Full Text Request
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