Introduction And Transplantation Of Western Legal Cultures In The Late Qing Dynasty Legal Reform

The legality reform in the late Qing dynasty was a course in which western legal culture showed great impact on and penetrated into Chinese traditional legal culture from all directions and multi-levels. During this course, from the political system to judicial structure, from rule of law to norm of law system, from compilation of law to enforcement of law, each step of Chinese legal progress almost reflected the cultural impact and influence of western legal culture on different degrees. We can say that the whole course of the late Qing dynasty legal reform is a course of learning from foreign laws. At the same time, learning from foreign laws is also a great problem in current legal construction of our country. The historical experience of the late Qing dynasty legal reform told us that, China's current social environment has the feasibility of learning from western advanced legal system and we should widen our sight, survey the world, learn from and transplant western advanced system of law. At the same time, we should seek and inherit the beneficial factors of Chinese traditional legal culture so as to speed China's construction of social state of rule by law.From the entire structure, the paper is divided into two parts. The first part discusses deeply and thoroughly the introduction and transplantation of western legal cultures in the late Qing dynasty legal reform. It analyses respectively introduction and transplantation of western legal cultures in the late Qing dynasty legal reform from two chief aspects: introduction and transplantation of jurisprudence or legalideology and introduction and transplantation of legal system. It is pointed out that conflicting between Chinese traditional legal culture and western legal culture in the late Qing dynasty is the process of introduction and transplantation of western legal cultures. During this process, the positive factors in Chinese traditional legal culture were reserved and developed and more advanced modern western legal systems were introduced. Thus, Chinese traditional legal culture got creative transformations. The second part of the paper deals with modern enlightenment of late Qing dynasty legal and modernization of legal culture. The author thinks that three problems we should solve in legal transplantation currently are: the problem of internationalization and localization of legal transplantation, the problem of tradition and modernity of legal culture and the problem of connection between legal reform and the realistic situation. At the same time, the modernization of Chinese traditional culture has been the irresistible general trend. As to the means of realizing the modernization of Chinese legal culture, on the one hand, we must reform step by step based on actual conditions of Chinese traditional legal culture. On the other hand, we must learn from advanced factors of foreign legal cultures and try to manage legal transplantation. As to the value orientation of Chinese modern legal culture, the author concludes that private legal culture will lead Chinese modern legal culture and the successful construction of legality culture is the ultimate value orientation of Chinese modern legal culture.