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Seeking The Balance Between The Conflicts

Posted on:2006-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:J C ZhangFull Text:PDF
GTID:2166360155956395Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since law was modified in the latter stage of Qing Dynasty at the gate of the 20th century, two kinds of completely different legislation traditions were first in the contradiction of the modern Chinese society, then the conflicts turned to haraiony. At the time when Civil Law Draft of Qing Dynasty was made, it ,too ,went through the pain brought by the conflicts between the inherent civil law and western civil law. Finally, it realized the balance and preliminary integration of the two. While general rules of the Civil Law of RPC formulated in 1986, one potential problem lied in legislation led the whole the civil law system to miscellaneous and disorder. So there's some question of finding out conflict within the law or out.When the Civil Law Draft of Qing Dynasty was formulating, I think, it faced the conflicts and collisions of Chinese inherent civil law idea with western culture on civil law. The late wise legislator quite ingeniously mediated the great difference between two kinds of values and system form, and they accumulated quite abundant historical experience and lessons. Consequently, it should be of great advantage to compile present codes of the people of China of if we study this historical course.This text, taking historical analysis and comparative analysis methods, starting with the conflicts between the two different culture, and background of law culture on Civil Law of the late Qing Dynasty, going with the research results of the legal historiography circle , considering the ideas and text that embodiment draft formulating course, several examples in text, analyses the conflict-to-integration course that the two great different civil law traditions undergo while the Great Code was formulating. I think, there's a lot of experiences and lessons for reference...
Keywords/Search Tags:Civil Law Draft of the Qing Dynasty, conflict balance, partial view
PDF Full Text Request
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