On The Development Of The Creativity Of Postgraduates

The western countries invaded into China with their well-equipped weapons after the Opium War in 1840, the modern Chinese economical relations, political structure, cultural consciousness all had a huge change. Facing the incisive challenge from western lawsuit culture, Chinese tradition lawsuit culture had stepped onto a difficult and winding reforming road precisely in modern China society's vicissitude process. It is would be said that the developing and transforming process of modern Chinese lawsuit culture, is a process traditional lawsuit culture conflicting with western lawsuit culture, and also is a process the tradition lawsuit culture meeting the challenge, sublating and then realizing the creative transformation.The internal mechanism of lawsuit culture reformation in late Qing dynasty was based on the transformation demand of politics, economy, culture in modern Chinese, which often displayed as the pressures and crises, and then transformed as the cultural reforming power. Without the impetus of the demand, lawsuit culture reformation in late Qing dynasty would be impossible.Modern culture reforming often takes the theory construction and propaganda as the forerunner, takes opens and syncretization as the condition. The modern media that newspapers, the new style schools, the translation and the publication had played a vital role in disseminating the western law culture; The mixed courts set by western countries in the foreign settlement had no doubt harmed Chinese judicial sovereignty, but as the window demonstrating the western law culture, was also insignificant to the Chinese to understand the western lawsuit culture. Japan was a bridge linking up the Chinese and the western law cultures when the Chinese contacting with the western in late Qing dynasty. The degree of lawsuit culture reforming in late Qing was decided by actual function of the rulers of Qing Dynasty, the judicial subjects and the intellectual elites.As the beginning of modern lawsuit culture reforming, the amendment of laws in the last ten years of Qing dynasty was launched precisely under the affect of factors upon, and it promoted traditional lawsuit institutional culture, ideas, practice to reform entirely. In lawsuit institutional culture, there were the judicial organizations, prosecution system, auditing system and barrister system that were all newly created; In lawsuit ideas culture, the imperial authority changed from absolutely infinite to relatively limitedly, the family standard gradually substituted for individual standard, the equal principle was initially established in the legislation; In the judicial practice, administration separated with judicature, civil and criminal lawsuit were treated separately. Judges already had used the fragmentary stipulation about procedure with correlation stipulations in civil law and criminal law which not yet been taken into effective, and separately developed a set of procedure about civil and criminal Litigation. It could be proved by the judicial practice of trial courts of Chili and Fengtian.The article makes every effort to hold as much historical data as could, based on this, as far as possible clearly describes the lawsuit culture reforming path of the late Qing, then promulgates the internal mechanism and the external condition of lawsuit culture reforming. It is expected the study would benefit the reconstruction of our country's lawsuit culture nowadays.