On The Construction Of The Legal System In The Republican Era Of China

Chinese law has a long history.But since Fa Jing which was the first relatively systematic written code,opened the precedent of this kind of codification style that all departmental laws were compiled into a code,regardless of civil law or criminal law,making comprehensive code had always been the principle of Chinese legal texts.Although supported by some individual legal documents, the codification style which compiled substantive laws and procedural law, civil laws and criminal laws into a code had always been the mainstream of legal texts.Late Qing Dynasty, with the disintegration of the Chinese legal system and the input of the advanced western legal culture,Chinese traditional legal system was subjected to all kinds of challenges.After the mid-19th century,because of the Westernization Group's introduction of western laws,Hundred Days Reform,the legal reform and departmental law compiling of late Qing,this kind of codification style gradually became broken.From then on,after the Nanjing Provisional Government,the Peiyang Government,and the Nanjing National Government,the legal system of the Republic of China was formed.lt is certain that the formation of Complete Book of Six Codes is the representative.The construction of the legal system in the Republican Era of China was a gradual process.Firstly,we should analyse the background and the basis of the construction of the legal system.Secondly,we should describe its construction process.Thirdly,we should analyse the basic framework and main features of the legal system.Finally,we should deeply excavate and interpret the basic experience of the construction of the legal system.The background of the construction of the legal system in the Republican Era of China mainly includes the inducement of the crisis and the induction of the interest, the input of the western legal culture.the judicial active assistance,the promotion of jurists, the disintegration of the natural economy and the rise of the capitalist economy. The basis of the construction of the legal system are Westernization Movement and its input of the western laws, Hundred Days Reform and its legal reform,the enactment of constitution in the late Qing Dynasty and its legal reform.The construction of the legal system in the Republican Era of China is divided into three stages.The first stage is Nanjing Provisional Government and its construction of modern legal system.The second stage is Peiyang Government and its construction of modern legal system.The third stage is Nanjing National Government and its construction of modern legal system.The basic framework of the legal system in the Republican Era of China consists of Constitution,Civil Law, Criminal Law,Civil Procedure Law, Criminal Procedure Law,and Administrative Law.Its main characteristics include six respects below.The first one is its enriching in the structural style,that is from coexistence of various departmental laws to the Six Laws system.The second one is the rise of the status of law,that is from monarchical supremacy to supremacy of law.The third one is the emergence of judicial independence,that is from unification of judicatory and administration independence of judicatory.The fourth one is the transfer of the protected objects,that is from the natural economy to the capitalist economy.The fifth one is the change in the fundamental principle,that is from the sovereignty of king to the sovereignty of people.The last one is the progress of the judicial value,that is from despotism to humanitarianism.As to the basic experience of the construction of the legal system in the Republican Era of China, it mainly reflects in two aspects.By means of legal inheritance and legal transplantation,the basical goals of localization and internationalization are realized.It is of much theoretical and practical significance to analyse and study the issues above carefully.Nowadays,establishment of a socialist legal system with Chinese characteristics has been our important task we must confront.How to establish?What are the problems in the process of establishing our legal system?These are the questions that we have to answer.In terms of the legal inheritance and legal transplantation,and its localization and internationalization, the construction of the legal system in the Republican Era of China has given us much experience.The experience of the construction of the legal system in the Republican Era can be used for the establishment of a socialist legal system with Chinese characteristics that we are carrying on.For all these things,it seems that we can get much enlightenment through the study of the construction of the legal system in the Republican Era.