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In Japanese Civil 1640 Study

Posted on:2005-02-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:X P MengFull Text:PDF
GTID:1116360122485015Subject:Legal history
Abstract/Summary:PDF Full Text Request
Civil Code (Draft) of Qing Dynasty and Old Civil Code of Japan are individually the symbols of the beginning of modernization of civil law of China and Japan.The modernization of civil law of China ended different from that of Japan. Comparative study shows that the reasons lie in many factors: economic development, legal thoughts, the motive of legal reform of governors, concepts of the government and the public, the training of legal personnel and so on.When Civil Code of The Republic of China and Meiji Civil Code of Japan are being made, the background and condition are quite different from the beginning of modernization of civil law of China and Japan. The democratic politics, economic development and studying of science of law have made great progress. The transplant of law becomes much deeper and wider. The lawmakers adopt correct attitude to domestic civil convention and custom. The system of the code is scientific and rational, and the style of the code language is concise and clear. So Civil Code of The Republic of China and Meiji Civil Code of Japan are individually the symbol of the completion of modernization of civil law of two countries.The comparison of this thesis is composed of three parts: the longitudinal comparing between the civil codes of China and Japan; the lateral comparing between the beginning and the completion of modernization of civil law, the comparing of Controversy over Ritual and Law of Qing Dynasty with Controversy Over Civil Code of Japan. The comparison is carried out from such angles as background, principles, processes, the structure and the character, the influence and the comment of the civil code.The thesis also studies the Draft of Civil Code of The Republic of China. This code really absorbed much old feudal tradition from the past time, but it is not appropriate to simply regard it as a reactionary code. Sometimes the compromise to the old feudal tradition is the wise choice of the lawmakers especially considering of the actual effect of the enforcement of the civil code.The thesis also studys the relationship between the modernization and other items such as legal tradition, custom, legal transplant and so on. The transplant of west modern civil law must take the actual condition of China as the basis. Both domestic civil convention and foreign legal culture should be treated with prudence.
Keywords/Search Tags:Modernization of Civil Law, Civil Code (Draft) of Qing Dynasty, Old Civil Code of Japan, Draft of Civil Code of The Republic of China, Civil Code of The Republic of China, Meiji Civil Code of Japan
PDF Full Text Request
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