On The Reform Of Judicature In The Late Qing Dynasty

In the late years of Qing Dynasty, the reform of judicature, which was the important part of the political reform, made the traditional judicature changed historically. This thesis tries to make a historical investigation and comment of the reform of judicature from the aspects of its background, its triggers, its process and its successes and failures. Furthermore, this thesis also tries to draw some lessons and experience from the reform of judicature for today's jural construction.The main body of this thesis consists of three parts.In part one, the author makes a detailed analysis of the background and the triggers of advancing the tentative idea of the reform and putting it into practice. The following factors are conductive to the reform of judicature: (1)The ruling crisis and political reform in the end of Qing Dynasty; (2)The changes of social ecnomic relations in the end of Qing Dynasty; (3)The intention of withdrawing the right of consular tribunal; (4)Introducing and spreading the west law culture.In part two, the author investigates the process and substance of the reform of judicature. The reform of judicature consists of three aspects: (1)establishing the new trial organizations; (2)changing the system of trial and litigation; (3)reforming the prison system.In part three, the author introduces the action of transplanting laws in the process of the reform. In order to reform the judicature, the Qing government transplanted the west laws on a large scale, especially the laws of Germany and Japan. The action of transplanting laws is a valuable practice. At the same time, it also has some historical limitations.In the end of this thesis, the author gives a comment on the successes and failures of the reform of judicature, and draws some conclusions in order to provide the jural construction of today with some useful enlightenment.