| The construction of police system in the late Qing Dynasty is an important part oftransformation towarding to modern society. It is reqirment of social development, but also akey step that the Qing government take under the pressure. We can divide the development ofthe police system in the Late Qing Dynasty into three stages. Firstly, the building of HunanProtection Agency caused a controversy on the necessity of the construction of police systemand the way to acheve it. During this time, we get the model of police legislation from Japan.Secondly, the governor regarded the the construction of police system as an important workof the New Deal. The development of police system get into a new period. Thirdly, thebuliding of central leadership and local police agencies drived the police system into themature period. Based on the view of legislation, this article analysis these acts and point themodernization process of China’s police system,impact and shortcomings.IntroductionThis section introduces the scope and meaning of the article’s topic, purpose and methodof this paper and the history and current status of this topic.Main BodyChapter Ⅰ: The background and motivation of the emergency of the late Qing policesystem in China. The police system is a key indicator which will be important to the order.Although, in our country,the agencies and officials which maintain public order,protect thepeople has been a long time,but the modern police system was tooken from Japan. There aretwo reasons can explain it. Firstly, the invasion and impact of western civilization improvedthe development of the modern mechanisms of social order. Secondly, society’s degradationand the condition’s deterirate in late Qing made the ruler pay more attention to the policesystem. In another word, the declination, confusion and conflict of China’s society, thoughtand culture provided the possibility for the establishment and development of the policesystem. The incompetence of traditional security mechanisms and the emotion that resistforeign humiliation provided the impetus for the establishment of the police system. And, theadvanced personage support and agree with the pratice,although it was full of debate.Chapter Ⅱ: the attemption to establish the police system in late Qing(1894-1898)—the establishment of Hunan Protection Agency. This section describes impact and limitations ofHunan Protection Agency which is the beginning of China’s police system. It was a attemptwhich made lots of people realize the superiority of the police system,despite it wasshort-lived.The Hunan Protection Agency Act is the first police legislation in China. It linkedthe local self-government together with the police system,and its internal structure andfunction also highlighted democracy. It is improtant for the Changsha ‘s society order, thelandowners and the bourgeoisie’s interests,and also promoting the development of publicwelfare. Firstly, the purpose of protection agency revealed the root causes of the decline oftraditional politics. Secondly, The Hunan Protection Agency Act which learned formadvanced countries is different form the traditional mechanisms of society order,whichchanged the traditional law and its basis.Thirdly, the guideline of Hunan Protection Agencyshowed the the sprout of thought called “ruled by law”. However, because of the limit of timeand technology,the act had lots of shortcomings.The act was rough,lack of supportingmeasures. And,the purpose is according to the leader’s thought,it made the act influential.Chapter III：the establishment of police system under authorization from the central politicalpower (1901-1904)–the prime of police legislation in late Qing Dynasty. This chapterdiscuss the impact that the political and social changes bring to the police system during1901to1904.During this period, Yuan Shikai got lots of achievement in Zhili province.Heeatablished the Baoding Police Bureau, the southern section of the police bureau of Tianjin,Baoding Police School, Northern High Police School and a series of police regulations,whichprovided a good sample for the construction task in late Qing. Then, the government thecountry established the police according to Zhili. The construction step into the explorationperiod. the organization of the police, personnel arrangements, the division, reward andpunishment rules and police education and other aspects of regulation were all learned formJapan. Particularly, the "Tianjin Nanduan Police Bureau Act” was the most comprehensiveand successful egislation.Chapter Ⅳ: The Formation of Police Systems in Late Qing (1905-1911)-Police legislationtends to unity and maturity. This chapter analyzes the positive impact of the political changesin the "preparatory constitutional"period. The ruler bulided the police department as a nationallead agency,which makes the construction of China’s police system step into a new period andimprove the efficiency of the National Police System."Bureaucracy Department PatrolConstitution" that set "specifically instructed"for the legislative purpose largely eradicated the official abuse of power and the irresponsible phenomenon. And then, the establishment ofMinistry of Civil Affairs,the emergence of right cultural and legalism were all conducive tothe police system. The construction of police system in this period was even more mature thanbefore. After the establishment of Ministry of Civil Affairs, the power further extended,covered all aspects of social life. The central police legislation,such as "Police Offense Law"," Press Regulation"," Account Investigation Act",and " Association and assembly regulation"provide guidance for the local police eatablishenment. It can be said,during the preparatoryconstitutional, especially after the establishment of Xunjing Dao, the construction of China’spolice system step into a period of vigorous development. The law about Xunjing Daoestablished the leadership core for the development of local police.Chapter V:The positive impact and inadequate of late Qing police system. This chaptersummarizes the achievements and the lack of Police System in Late Qing Dynasty,point outthe eatablishenment of police system in this period provide concept, institutional, and culturalfoundation.Police legal system promoted the separation of military and police functions,set upthe concept called “rule the police by law”.However, there are lots of inadequate in the fieldof technology, development level, ideas. These coule be attributed to ill-prepared for thePolice System, the poor practice in local police construction, and channel stoppage.ConclusionThis section refine this paper’s point, and point out that the modernization of the policesystem in the Qing Dynasty has a broader range.The modernization of police system areclosely related to political environment. This is unfinished in this article. Of course, althoughI have discussed some points and the relationship in the text,this is beyond the scope of thisarticle.In summary, this article selectes two time and legal texts for the main line,shows theinter-stage characteristics of development of the police system and those the mostrepresentative police legislation of each stage based on the view of police legislation. Thelegislation includes police agencies, function allocation, police education, police power rules.On this basis, this article explain the historical influence and lack of the police system inLate Qing Dynasty. The paper is helpful to clarify the contents and system of the police andsocial, ideological, cultural and other factors related to the police system. |
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