A Historical Study On The Legal System Changes During The Late Qing Dynasty

By combing history, summarized and compared using the method, the era of the late Qing Dynasty overall background analysis, the modernization of the late Qing Dynasty changes in the legal system in recent history inevitable modernization will be the late Qing Dynasty changes in the legal system nearly all aspects of induction and summary In the late Qing Dynasty in recent modernization of the legal system to make sure the results on the basis of changes in the focus of many factors ultimately failed, especially from the traditional point of view of law and culture in the late Qing Dynasty changes in the legal system in recent modernization with a reflection.In addition to paper, "Introduction", is divided into ten chapters to articulate the proposition.Chapter 1, from the era of the late Qing Dynasty on the whole background of the historical inevitability of changes in the legal system. At that time, the East and the West through the legal culture of contact and conflict, and reveals the late Qing Dynasty in the field of the rule of law are completely different from the past, faced with the challenges presented by the late Qing Dynasty in the face of external crisis situation, some areas of the new law on the concept of gradually generated, thus pushing forward the impending changes, but has buried the next source of the failure of the legal system reform, especially in the West in modern legal and cultural circumstances, the traditional culture and the corresponding legal system are exposed outdated . In this way, changes in the late Qing Dynasty to modern legal system nearly became the requirements of the times.Chapter 2, on the changes in the legal system by the late Qing Dynasty was social, political, economic, ideological field of the impact of the new situation and constraints. Political tendency led to the separation of the future needs of the constitutional separation of powers, but the traditional centralized system it is bound to curb this tendency, and the growing industrial and commercial economic development while calling for a series of new standardized operation of the market, but of the dual economy has a direct impact on the future of the legal effect of material from the West to gradually shift the shock of the Western system, thinking the thoughts, and this is bound to make legal changes with the Western values of color, But inherent in the mode of thinking that these changes will tightly restricted in the traditional system to the limits of understanding and tolerance within. Therefore, the political, economic, ideological fields of the new situation in modem times have made changes in the legal system regardless of the late Qing Dynasty from the content and the substance far transcends the traditional "1898", but in this, its difficult to overcome traditional also embodied its power.Chapter 3, as a top-down revolution, the late Qing Dynasty nearly modem legal system is carried out by the Ching and led, which also very much in line with traditional power mode of operation. As a rule of the Group of the Ching at the time felt directly from the various aspects of the threat, and eventually decided to launch this extraordinary transformation of the legal system. Here from the two main threats; on the external view, the Western powers imposed by the "consular jurisdiction," and directly led to the loss of Ching authority of the law, while the internal view, the increasing tendency to aggravate the separation of powers this process. So, for the sense of urgency in protecting their own power, Ching attempted revolution in the legal system to restore the authority of their own have no doubt. And the ensuing breakdown of all make it clear that the Ching miscalculation.Chapter 4 to Chapter 7 is introduced in the concrete under the guidance of the Ching, in the rule of law at all levels of the results achieved. First, the modern legal system and gradually build the field of culture, through the legal translation of foreign literature, sending students studying law, the legal profession run schools, the legal system so that the Western culture originated in China and spread Secondly is to get rid of the traditional society "Chufa Fitness" model legislation, criminal, civil, industrial and commercial sectors such as law and regulations have been drawn up and initially established a relatively complete set of the modern sense of the legal system again, as the recent introduction of modern judicial philosophy, an independent judicial system from the central to local layers began setting up the traditional social consistently ignored the judicial process has gradually standardized and systematic. Finally, as the legal values of modern communication, especially with the city industrial and commercial groups force the growth of constitutional reform of the legal system become an important element, especially the "Russo-Japanese War" in the Constitution field demonstration effect, and promoted - Ting activities in the field of in the constitution, in China, the first time in the Constitution of the document. These results are very clear that, in the face of internal and external problems, under pressure, to the representative of the Ching for the ruling clique of Western attempts to follow through changes in the legal system, the pace of the times to keep up with the ultimate realization of firm grip on power in many legal system a series of measures taken in the field was also shows that Ching is not doing nothing, and its legal system in recent modernization activities for the results achieved in the subsequent changes in the legal system since a lot of positive results. However, because of their own in the institutional and ideological limitations, doomed to such a top-down changes in the legal system eventually evolved into the "exhumation" actions. Since the tool is fully understood meaning of the rule of law in the value of the community, and do not understand the legal system to some extent is the result of the development of a society rather than the creation of new social reasons, coupled with the urgent situation caused by the misconduct of measures, These adverse factors have made the late Qing Dynasty nearly modern legal system in reducing the effects of the changes. Therefore, those who have achieved even more significance in the future, but not at that time.Chapter 8 is nearly modernization changes in the legal system will compare the late Qing Dynasty and Japan. Japan experienced in modern times with a similar crisis in the late Qing Dynasty, but because of their own political traditions and national identity through the Meiji Restoration and successful among the Western powers as well. Meiji Restoration of the achievements and therefore made a series of advantages to the late Qing Dynasty by Japan to become a model and the object of envy, in the modernization of the legal system nearly all aspects of the late Qing Dynasty to its own understanding, in all aspects of the Japanese study. Japan achievements in the areas of the legal system is not unconditional access to, is not completely solve the traditional negative impact of this process and the late Qing Dynasty yet idealistic, and that by simply copying and get the same results. Here, the expense of their own culture and deeply reflect on the power system became the late Qing Dynasty legal changes fatal.Chapter 9, through the abolition of the imperial examination system, the analysis revealed in the traditional Chinese society, such a huge system, to maintain a proper social integration mechanism for the process of law reform is an important support, and ensure that the rule of law is the best guarantee for change effects . Since the late Qing Dynasty imperial examination system, in the neglect of social integration and to maintain the important function of the increasing deterioration in the imperial examination system, the situation will take a complete repeal of the radical approach, in the hope of promoting a new mode of selection. However, against all expectations, this measure has not only exacerbated the crisis of society, the rule of law in all aspects of modernization nearly had a negative impact. The abolition of the imperial examination system as a result of that, the Ching presided over the legal system has lost nearly a legitimate basis for the modernization changes.Chapter 10 of the late Qing Dynasty nearly modernization changes to the legal system overall reflection. To the traditional "courtesy" to the great role of the rule of law that the difficult transition resistance, in the socio-economic life of a fundamental change of circumstances, the existing norms still has great inertia, inhibiting the formation of the new norms and effect. Traditional social inherent power mode of operation and conditions of the various decisions of the judiciary truly independent difficult to implement. All these indicate that the "transplant" to the legal system due to the lack of growth of the soil, showing a difficult state of survival. In fact, recent changes in the legal system needs modernization value objectives, activities premise, methods and means of these three aspects of the organic composition. Late Qing Dynasty in this attempt has not been able to produce the desired results, it is because it does not handle well the relationship between the three. Since the legal system itself simply as tools, ignored its internal implied value elements; "system of decision" look upon changes in the legal system, ignoring the rule of law as a necessary outcome of the social conditions of support and the lack of Near fundamental contradiction of the modem legal tradition of authoritarian law and culture in profound reflection together with the tight times, poor quality, means rough, the late Qing Dynasty to modern changes in the legal system almost inevitably to the loss of dominance Ching ended, the problems left over by also difficult to solve.Near the modernization of the legal system, and indeed the late Qing Dynasty launched a series of activities in the relevant fields and have made some achievements. However, these limited results in modern society and the role of hygiene and the subsequent confusion and make people doubt the late Qing Dynasty to the legal system or change the value of real significance, therefore, very necessary legal system on the history of modern China as an important start Carding and overall reflection of the study, expected to be in depth the depths of our traditional society to modern society true feelings change this side of the important historical significance as an opportunity to remain in the current reform of the legal system to make certain Prospect.