Law-Drafting Institution Under The Xinzheng Reformation At The End Of Qing Dynasty

Law-drafting institution is a system which cannot be bypassed if we want to carry out an academic research on the last years of Qing Dynasty, which was the most important historical turning point in legal development history.Organization behavior study, legal development and theory and comparing method will be utilized in this dissertation in order to the carry out a systematic inspection of law-drafting institution from the perspectives of background, structure, staff, short–coming and achievements and so on .This dissertation includes introduction, main text and conclusion parts.The introduction gives a brief introduction of the dissertation's goal and significance, current research situation and the research technique as well.The 1 st chapter gives an in-depth explanation of the law-drafting institution system's background, kinsmen reformation at the end of Qing Dynasty, which were a built-in segment and a delicate indicator of XinZheng reformation as well.The 2nd chapter of this dissertation traces the historical development of the law-drafting institution. It was transformed from a book-compiling organization to a formal legal drafting organization. Under the bureaucracy reformation and the constitution movement, it becomes a modern and independent bureaucracy.The 3 rd chapter probes into law-drafting institution's establishment and the operation from a micro angle, namely fund and staff management, structure designing, law-revising goals and different law-revising ways and so on, in order to get a full and real understanding.The 4th chapter is specifically on the structure of law-drafting institution, especially its role and function. According to the specific criteria, it can be divided as pioneer and backbone, preservative and progressed, which leads the direction of the law-drafting institution.The 5 th chapter is on conflicts and the compromise between law-drafting institution and other departments'. This everlasting struggle is manifested by the conflicts between ideal and practice, preservative and progresses. This entire means that this system forwards in the contradiction.The 6th chapter is mainly about the achievements of law-drafting institution, and then has analyzed its successes and failures. From analyzing, it is concluded that law-drafting institution system has been modernized firmly and that it has many built-in problems and regrets definitely.The conclusion part then prominently demonstrated that the law-drafting institution is based on the measures of kinsmen reformation.