A Study On The Lawyers' System Of The Late Ch'ing

The bringing and development of the lawyers' system of the late Ch'ing is based upon the transformation of the legal system in modern China, and the system is an important part of the legal reform of the late Ch'ing. The research that probes into the lawyers' system of the late Ch'ing is not only fills in the gap in the field of Chinese legal history, but also provides us historical lessons that may reinforce the contemporary legal system, including modern judicial system. With Chinese traditional legal culture and the legal reform in modern China as the background, this thesis makes systematic explanation on the development of the lawyers' system of the late Ch'ing, which intends to make reference for us to have a correct understanding on Chinese modern lawyers' system.The thesis includes seven parts: "Introduction" briefly introduces the value of this study and the circumstance of the academe; Chapter one "The attorney system and pettifogger in traditional China" briefly looks back the history of the process attorney and the pettifogger in traditional China. Chapter two "Background of introduction of lawyers' system in the late Ch'ing" mainly analysis those fundamental stimulates from the outside and inside respects. Chapter three "Preliminary establishment of lawyers' system of the late Ch'ing" introduces preliminary establishment of the lawyers' system and the dispute in modern China. Chapter four "Transition period of lawyers' system of the late Ch'ing" introduces the transition period after the lawyers' system was suffered the setback. Chapter five "Maturity stage of lawyers' system of the late Ch'ing" introduces the maturity state of lawyers' system, and briefly analysis the agent ad litem system and lawsuit assistor system. "Concluding" reviews the main content and view of thesis, and puts forward my opinion and attitude on the study of the lawyers' system of the late Ch'ing; and thinks that it is a great reformation that break traditional system, and is also a great attempt that establishes the future; it runs through the spirit of the changing times on the value idea, and embodies the whole changes of modern history; it also opens the process that the western advanced judicial system, principle and idea of capitalist class gradually roots in the hearts of the people, and opens a new field of lawyers' system of the Republic of China period.