Internationalization And Localization

The main purpose of this thesis is to study the formation of Chinese modern legal system, as the essencial problem of Chinese legal modernization, from the angel of comparative legal history. In this paper, the author hold that, modem China has gone through a crisis of legitimacy during the process of the formation of Chinese modern national state, because of three joint factors, as the national crisis , the political crisis ,and the legal crisis. Under such a background ,China began it's legal modernization. With "zhong ti xi yong" as it's guiding ideology, Chinese legal modernization experienced three periods as the Ten-year of Late-Qing Dynasty(1902-1911), Peking Government of Republican China(1912-1928), National Government of Republican China(1928-1949), and finally formed a modern legal system. The formation of Chinese modern legal system has two aims: internationalization and domestication. In this paper, some theory on legal culture has also been advanced to interpretation the formation of Chinese modern legal system.. Chinese legal modernization is mainly a revival process of Chinese traditional legal system.. This process contributes to Chinese legal civilization greatly, while with some insufficiency.It includes four parts as the introduction, the first volume of four chapters, the second volume of three chapters, and the conclusion.Introduction: the source of Chinese legal modernization. It mainly discusses the cultural exchange between China and the West before the Opium War, the relation of China and the West after the Opium War, the national crisis , the political crisis ,and the legal crisis in modern China, the rising of legal reformation thought in Late-Qing Dynasty, the legal nationalism and it's effects on Chinese legal modernization.First Volume: the formation process of Chinese legal modernization. The first Chapter, the beginning of Chinese legal modernization: "zhong ti xi yong" and the set-up of Chinese legal modernization. This chapter mainly discusses the generation,the meaning of the ideology of "zhong ti xi yong" and it's guiding effects on Chinese legal modernization.The second Chapter, the Ten-year of Late-Qing Dynasty(1902-1911): the intial effort of China in the formation of modern legal system. In this Chapter, the background of the legal reformation in Late-Qing Dynasty, the enactment of constitution, and the intial development of other departments of law are studied.The third Chapter, Peking Government of Republican China(1912-1928): the following efforts of China in the formation of modern legal system. It argues that Peking Government of Republican China continued the process of the formation of Chinese modem legal system and has made great progress. This section also talks about the following efforts of Peking Government of Republican China in the development of constitution and other departments of law. Some characters of this period is also summarized.The forth Chapter, National Government of Republican China(1928-1949): the final formation of Chinese modern legal system. It studies the further pursuit of National Government of Republican China in the formation of Chinese modern legalsystem, the development of constitution and other departments of law. The Six-law Department System can be taken as a symbolic achievement of Chinese modern legal system.Second Volume: the achievement of Chinese modern legal system.The fifth Chapter, internationalization of Chinese modern legal system. This Chapter studies the meaning of internationalization of legal system, the relationship of internationalization of legal system and legal modernization. As an important achievement of Chinese modern legal system, internationalization is also discussed in detail and seriously.The sixth Chapter, domestication of Chinese modern legal system. In this section ,the author put forward that, both domestication and nationality are characters of certain legal system. There is some contact between thesetwo factors and legal modernization. As another fundermental achieve...