On The Modernization Of Ningbo Legal System

Ningbo was one of five foreign trade cities after the Nanjing Treaty was subscribed. It became the semi-colony earlier than many other cities. Therefore, it stood a special position in Chinese modern history. Ningbo legal history, especially modern legal history is one of the most important part in Chinese modern legal history. The research on Ningbo modern legal history will advance the Chinese modern legal history in-depth.The modernization of Ningbo legal system began with the legal system reformation of the latter Qing Dynasty. The path of the reformation on criminal law system was single-file legislation firstly. Then it established the new criminal law under Mr. Shen jiaben's leadership. The new criminal law accorded with the direction of the criminal law legislation. After the establishing of the People's China, the new criminal law was enforced in the country. The reformation had a great influence on Ningbo. Since it was brought by the central government and enforced in all of the country, there was less local influence on it. Consequently the modernization of Ningbo legal system has rarely fruit on the criminal law.The reformation on civil law system began in 1908 and finished in 1910 with the civil law draft, including general rules, creditor's right, substance's right, family and inherit. However, the civil law draft was not issued for enforcement. Then the People's China continued the legislation of the civil law based on the civil law draft. The influence of the reformation was not so directly. But the rule of the civil law led the way. Additionally, the economy of Ningbo was so strong and complicated that it needed the law and rule. The modern Ningbo had a consummate finance law system based on its'developed finance industry. It also had a characteristic land law system.There was a modernization in Ningbo land law system, including the land tax and land administrative law system, land tenure system, land rent system, land register system and land right warrant system. Ningbo land register temporary ordinance regulated the legislative objective, procedure, charge, enforcement measure elaborately, concretely and roundly. It was the very important and characteristic part of Ningbo modern legal system. The land right warrant was a symbol of the Ningbo legal system modernization. Through the modernization of the warrant, we can find that the land law system was more and more rigorous and detailed.The modern Ningbo made a progress on police administrative law system. There was a modernization on power enforcement, function enactment, procedure, policemen education, the badge adorning, the examination and selection, discipline and punishment. And there was some progress on education administrative law system. The administrative measure and methods were advanced and modernized. In judicial administrative law area, the function was basically completed, such as lawyer supervising, notarization, intermediation and legal propagandizing.The financial law was consummate comparatively in Ningbo modern history based on the very fast developing of the financial industry. We can find a general perspective on the modernization of Ningbo financial law system through the rule system transition of the pawnbroking, the debit and credit industry and the other financial industry. It created a new rule system, especially the Transfer Items system and had a persistent influence.There was still some modernization occurred on judicial system of modern Ningbo. We can conclude that the police system was very consummate. It regulated the enforcing the law and compiling the information. We can strongly apperceive the modernization of Ningbo police administrative system. The judgements made by Ningbo modern district court were justice in common sense. However, it encountered with some oppugning. The law official department was also experienced the modernization and improved the organization, function, power and enforcing of it. It is the part of modern Ningbo judicial system. Moreover, the lawyer system had gone with the modernization either. The operation and the organization were under control. The lawyers were a pushing power in the modernization of Ningbo judicial system.After reviewing the modernization of Ningbo legal system, we research its'economical, social and cultural foundation and find they were so stable. The development of domestic economy and foreign trade formed the economic foundation of the modernization. The Ningbo Confraternity and its'substantial and deep influence on Ningbo society developed the social foundation of the modernization. The education and tradition established the culture foundation of the modernization.The impetus of the modernization was a vital issue that we should talk about. The Labor union, the chamber of commerce, the farmer union, the board of trade, the esquire and plebeian contributed the strong impetus to the modernization. The general labor union and profession labor union played an important role in Labor Law improvement and settlement of labor and capital dissension. The chamber of commerce was the key impetus for the establishing and developing of financial law. The farmer union was engaged in the agriculture construction, the rural area development and the farmer education and the dissension solving. The board of trade applied itself in commercial law and rule. The esquire and plebeian also committed themselves in land law and dissension settlement.There were some important aspects in the modernization of Ningbo legal system. Firstly, the modernization was much earlier than many other cities in ZheJiang province; secondly, the depth and the bound were more complicated than other cities in ZheJiang province either. Moreover, there were many reasons which resulted in the modernization of Ningbo legal system. The three key reasons are as follows: firstly, the wrestle and impact between the law in civil society and nation; secondly, the difference and close between the law in paper and in action; thirdly, the succeeding to the imperial law and the naturalization of foreign legal system. The research of these reasons will contribute to advance the research on Chinese legal history. We can use it for reference on today's china.