| Judicial reform in late Qing Dynasty was one of most important content of legal reform. The reform and practice of the new judicial institution which included the judicial levels and jurisdiction institution, judicial supervision institution litigation and judicial adjudication institution and so on. It changed the traditional judicial institution and formed a base for the modern judicial system. But the advantage of the new judicial institution reform couldn't conquer the feudal backwardness which was so heavy and strong. A series of backwards and feudal factors resulted in failure of the Fengtian province judicial institution reform. However, as for as the history of Chinese judicial modernization is concerned, the reform had a great influence. From this point of view, this thesis tries to make an exploration on the local judicial institution reform and social practice through analyzing the innovation in Fengtian.First of all, through analyzing of the change of politics economy ideology and global tendency and other aspects, this thesis goes to analyze the social backgrounds and situations of the reform. Confliction between feudal politic system and various economic factors the import of freedom democracy equality and judicial independence and so on new ideas, in addition to the judicial case globalization, above-mentioned all had provided the favorable factors for the reform.Secondly it discusses the process of the reform which is the typical representative of the whole country. From the two different parts of the policy and practice, this thesis makes a brief description about the process of Fengtian local judicial institution reform. The first stage is from the 1900 to 1906 which is the theory preparation and consideration stage. The second stage is from 1906's ready constitutional edict declaration to 1910's prepared constitution reform in five years which is the stage of the local application and partly social function of the reform. From 1910 to 1911 was the ending stage, in this stage, the reform came from the climax to the lowest ebb.Thirdly the thesis detailed to discuss the contents of the local judicial institution reform which includes the judicial levels and jurisdiction institution judicialsupervision institution litigation and judicial adjudication institution. Through comparing the new judicial institution with the old traditional judicial institution, the thesis wants to analyze the advantage and disadvantage of the reform. The new institution had its shortcoming, but in the long run, it changed the old traditional judicial institution and had an important devotion to the establishment of the new legal system.In the forth part, in one side, the thesis emphatically inspects the social practice of the local judicial institution reform, and goes on to analyze the social effect as well as the social reflection. In other side, it gives an objective appraisal to it. The local judicial practice had a negative ending, but the beginning was active and gained a great achievement which proved the new institution was advanced. However, the failed ending told us that the reform could not escape the failing destiny, especially at that time. To analyze themam reasons why the local judicial institution reform is not successful in such backgrounds is the key to understand the result.Lastly, the thesis gives a brief summary to the historic effect of the reform and provides two pieces of advice to research the legal reform. One is about how to understand the modernization of China. The reform of modernization will be included all the aspects of the society such as economy, politics culture and social psychology and so on. Relying on one aspect or part is not advisable, shorting of one aspect or part is not successful. The other is about how to appraise the local judicial institution reform. A lot of scholars considered the reform as a failed one, the author has an opposite opinion. The judicial reform maybe failed if we put it in late Qing social surroundings, but when we consider i... |
PDF Full Text Request