| Shen Jiaben (1840 --1913) was a famous jurist in China's modern history. He has played a important role in taking in modern times of Chinese legal system. This text through three part, and relation that take make some analysis , discussion with modern times such as Chinese legal system to legal thought of each Shen.First part ,Background that legal system made the transition in modern times of latter stage of Qing Dynasty. It takes to be one difficult , winding course modern times in Chinese legal system. The basic intension of this course, shown as and developed what is useful and discard what is not the traditional legal system, on the basis of attracting the western legal theory and legal principle, set up the new legal system with modern significanceThe forfeiture of the extraterritoriality, not only has destroyed the judicial sovereignty of China seriously, and the national pride and self-confidence with Chinese serious injury. With the melting semifeudally and semicolonially of social-economic formation, the new social relationships and economic relation have appeared, the traditional law is unable to adjust with this. The capitalist class that the economic strength strengthens day by day requires their interests of legal protection, the feudal law obviously has no content in this respect. Following " studying the east gradually in the west " after the gateway of a country is wide open, the intellectual making China advanced has received the baptism of western law culture. Between they and the west capitalist legal system too from dim to being clear, from broken to system recommending to praise, is it to practice , is it know to strengthen constantly to propagate. Though the Yihetuan Movement has been suppressed, imperialism and Qing Dynasty all feel unable to rule as before . Imperialism wants to transform the law of China into the " Western-style law ", in order to safeguard their interests in China better, and the Qing Government hopes to regain consular jurisdiction through the legal reform, in order to consolidate one's own governance. Under acting on commonly in all of these internal force external forces, at the beginning of the 20th century, the Chinese legal system has begun to modern transition. The legal system originally presided over of the Shen s is improved and carries on under this kind of background . !Second part ,The legal thought and law of the Shen 's are practised. Each Shen well-known law at that time learn house. Though he understand thoroughly ancient law, but mud on ancient. With as aim , include he western legal system , legal principle in the law made newly, he maintain abolish cruel penalty means , delete than enclose , maintain law equal , advocate punishing and educating etc., make Chinese legal system and the world legal system civilization integrate. What he preside over build law make the rich achievement in such aspects as commercial laws of the people , criminal law , law of legal procedure , rules of organization of court, is it construct get up composed of department laws modern law department to build tentativelyThe third part ,Legal thought of Shen to Chinese legal system modern times influence and limitation that take. Repairing law in the latter stage of Qing Dynasty has a epoch-making meaning in the history of Chinese legal system. Though it is a reform measure that the Qing Government having no way has to take in order to safeguard and rule, but it is facilitating China's feudal legal system to transform into modern legal system objectively. Each Shen as build person who preside over mainly of law this time, thought of him will inevitablely take and exert an influence in modern times to legal system. Some laws made, are quoted by provisional government , the Northern Government and national government of Nanjing later on while repairing law. In the course of repairing law, everyone is equal in front of the judicial independence , law that originally introduce of the Shen s, legislated to unify and such principles as humanitarianism , crime are legal...
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