The Study On Commercial Legislation In Later Qing Dynasty

Chinese commercial law, as private law, and its code style started from later Qing dynasty. The great achievements focus in the effective commercial code the Qing Dynasty Commercial Law Made by Imperial Order and other draft codes such as Draft Code by ZhiTian, Investigation draft of commercial law, Amended Draft Code of Qing Dynasty. And all these productions were gained by strong lead of Qing government and businessmen'active participation, with the direction of the initially ripe ideas about the commercial law and its codification, with the resultant promotion from all kinds of conditions in that society.There are ten chapters in the body of the doctoral dissertation, except for the preface.Chapter one, the pluralistic conditions which expedited Chinese commercial law and its code. The explanations, such as the View of Chinese Center and the View of Strike-Reflection, and etc, have some creative idea to condition of Chinese commercial law and its code. At the view on domestic conditions, there were commercial battle, the thought of fundamental business, foreign and native resources of rules and traditional codification, and direct promotion of the advantageous parties of commercial law. Otherwise, a series of commercial treaties embodying the west colonial advantages also had compulsive effect on the beginning and development of Chinese commercial law.Chapter two, the initially ripe ideas about the commercial law and its code in Later Qing Dynasty and legislative program about commercial law. The ideas about commercial law was initially ripe in Later Qing Dynasty, the government had to stress the commercial law during the legal revolution in order to get rid of the legal crisis of the vacant law, and chose the independent route of commercial code, and made some preparing steps on the organizations.Chapter three, the composing system of the Qing Dynasty Commercial Law Made by Imperial Order. The law transplanted many commercial rules from the Continent System, and adopted the eclecticism code style; the law was composed of the general rule of businessman and the company law. Looked from its contents, it not only absorb the achievements of the west commercial code, but also pay attention to get the native resource in a certain extent, which reflected its codification principles of internationalization and nationalization.Chapter four, the bankruptcy law and the interrelated statutes of the Qing Dynasty Commercial Law Made by Imperial Order. The bankruptcy law was not a part of the Qing Dynasty Commercial Law Made by Imperial Order, but had a impartibility with it and had a common characteristics of admixture. In addition, the interrelated statutes such as the statutes of registering company, the statutes of encouraging industry and commerce, the statutes of Chamber of Commerce, the statutes of railway, the statutes of bank, and etc, effectively help the execution of the Qing Dynasty Commercial Law Made by Imperial Order, and became important achievements of commercial construction in Later Qing Dynasty.Chapter five, the execution of the commercial law of Later Qing Dynasty and the research of its social adaptability. The concrete rules of the bankruptcy law and the Qing Dynasty Commercial Law Made by Imperial Order mainly were from west advanced commercial law by transplant, but they were too advanced to adapt the practical needs of social economy. The executive situations of its administer, justice and obedience reflected its reasonless aspect of commercial transplant in Later Qing Dynasty.Chapter six, ZhiTianJiaTaiLang and the Qing Dynasty Draft Code of Commercial Law. The legal export with modern Japanese Asianism met with the modern Chinese codification policy of vicinal studying Japanese law. The Japanese expert in commercial law came to China and help to make ZhiTian Draft Code of Commercial Law, although the draft reached to international standard, it lacked its influence for it was without academic transplant, and neglected Chinese commercial traditions.Chapter seven, the businessman'thought of commercial code and the Investigation draft of commercial law. For being unsatisfied with governmental commercial law making, the businessman himself convoked two conventions about commercial law, and decided a investigation of commercial tradition and compiled his commercial draft code by himself, which absorbed much west achievement of commercial law and more native commercial traditions, and promoted the course of the foreign law's nationalization and Chinese commercial codification.Chapter eight, the ministry of agriculture, industry and commerce and its Amended Draft Code of Qing Dynasty. During amending the Qing Dynasty Commercial Law Made by Imperial Order, The ministry drew the achievements of the Investigation draft of commercial law, and further absorbed the west commercial law's success, including legal person rule of company, finalizing the structural style of general principle and company law, and made the draft the final and most important achievement of commercial law in later Qing dynasty. Chapter nine, the official investigation of commercial tradition and its value to commercial codification. The office of organizing and investing constitutional policy and the office of amending law, in order to accomplish the program of commercial codification, decided to celebrating an national investigation on commercial tradition, setting up special organizations, compiling investigation syllabus, and achieved plentiful harvest. For the government of later Qing dynasty collapsed, these achievements were absorbed to the construction of commercial law, but provided the republic commercial lawmaking with important legal materials.Chapter ten, historical experience, the present road of construction of Chinese commercial law and its code. The construction of commercial law in later Qing dynasty achieved a lot, with much disfigurement, which could give us much historical experience on construction of commercial law today. China should strongly persisted in the road of commercial codification, establishing the general principle of commercial law as quickly as possible, and should make a commercial code in the future when the conditions are ready.