Laws Transplantation In Meiji Reform And Its Inspiration For China

This paper analyses the background, strategy, and content of Laws Transplantation in Meiji reform to find out why Japan succeeded, and use it for reference for Chinese Laws Transplantation.Introduction educes Chinese Laws Transplantation from the legislation of Civil Code and Real Right Act. The most successful Laws Transplantation in the world happened in Japan. There are three Laws Transplantations in Japan. And the most typical one happened in Meiji reform, in which Japan transplanted European law. At the same time, Laws Transplantation didn't work out in China which is similar to Japan in geography condition, race, and culture. It is worth reconsidering Japanese Laws Transplantation.The success of Laws Transplantation in Meiji reform, is not only because of legal reasons, but also because of the complex history background. On the economic side, in 19th century, market economy developed in Japan, some capitalism seed started to emerge. Meiji government practiced the"purchase property and rise industry"policy, which accelerated capitalist economy greatly, and settled a firm foundation for complete Laws Transplantation for European law. On the political side, old government moldered, The samurais united the rising bourgeois to start movement of defending emperor and expelling the barbarians. They constituted Meiji government after restoration movement principle of kingly system, and then carried through some other political steps, which prepared for the constitutional monarchy. On the cultural side, the development of western culture jeopardized Japanese customary Confucianism. Plus the Japanese own comprehensive attitude against foreign culture, Japan can be open to western advanced law culture. On the diplomatic side, along with the coming of Perry, Japan was forced to open to foreign country and sign a series of unequal treaty. To retract extraterritoriality, Japan had to carry through Laws Transplantation.The correct strategy is the reason why Laws Transplantation in Meiji reform succeeded. The Laws Transplantation is for political objective, so is the strategy. Under the lead of politician, Japan carried out Laws Transplantation in three ways at the same time: code, judiciary in which code is operated, and people who operate the judiciary. And they did it balanceable little by little. They took this strategy because: a, the logic relation inside jurisprudence; b, the requirement for the adaptation of transplanted law in Japan.Code is the first aspect in the strategy. This paper summarizes the characteristic of Japan feudal law, which is the combination of civil law and criminal law, inequality in law. This paper also analyzes the characteristics of main departmental law after Laws Transplantation, such as constitution, civil law, criminal law. In a word, it's the existence of both the capitalism and feudalism.Judiciary is the second. It took place in judicial organization and proceeding. Meiji government did a lot to set up independent judicial organization. First, they separated the judicial organization and administrative organization. Inside the court, they separated the judgement part and administrative part too. They established four levels court, made the third instance as the final, set up common court and special court separately. On proceeding side, they transplanted the"court control"from civil law. It improved the efficiency of lawsuit, cost less, and also helped to make justice come true.The training of law operators mainly depends on law education. To fulfil the need for law operators, Meiji government innovated education, holding public and private school, introducing different education mode of England, French, Germany, and making use of foreign law education resource properly, such as teachers. In general, it improved people law consciousness, helped Japan to absorb foreign law culture.It is useful for Chinese law innovation to analyze the Laws Transplantation in Meiji reform. Japanese Laws Transplantation is successful in capitalism standard. The first thing we should reference is the strategy to carry out Laws Transplantation in three ways at the same time little by little. And during the whole Laws Transplantation, Japan started from native situation besides innovation. Legislator did a lot of research in the code transplantation, which received good effect. Along with the code transplantation, judiciary should be transplanted accordingly too. On the one hand, they established independent justice organization, on the other hand, they transplanted proceeding mode which adapted to Japan. At last, they strengthened law education which helped the Laws Transplantation. It not only trained native law elite, but also improved the nation's law consciousness.Epilogue restates Japanese achievement in Meiji reform Laws Transplantation. And it is useful for Chinese law innovation. This paper is only a simple research on Laws Transplantation strategy, brings forward some theoretical and practically problems, hoping to arouse further research.