The Study Of The Judicial Reform In The Late Ching Dynasty

During the late Ching dynasty, Man government, for the political reason, transplanted the free law and the free system of the modern Capitalism in western and took the judicial reform, under the pressure both from home and foreign countries. Therefore the reform of the traditional judicial system is recorded in the highlight in the history of Chinese legality. This reform separated the jurisdiction from the administration at the first time and established the comparatively independent judicial organization. It adopted the modern western principle and the manners of judgment. That judicial reform started the modernization of Chinese judicatory. On the surface of that in history, this judicial reform is for the sake of copying the constitution politics and being anxious to draw back extraterritoriality. While on the deeper basis, there still was its history inevitability. Collecting , studying and referring the materials of the judicial reform in the late Ching dynasty, I found that the studies of the certain affair, character or the new law is at a large number; the study of the culture shock between the Chinese law and western law behind the judicial reform is also at a large amount; the study of the transplant and localization of the western legal system is at a large number; while this time, I will introduce the judicial reform over a whole view with less analysis, especially I focus my attention to the reference value for china which faced the judicial reform again 100 years after that. And the study on this topic seams much less. I proceed with the analysis of the background of the judicial reform and main content, on referencing others' study as the basis, with summing up the characters of the reform, with analysis of gain and loss in this reform, with testify of the history reference applied by this reform, and I put forward my own idea about the present judicial reform in China.