An Examination Of The Bureau For Compilation Of Law At The End Of Qing Dynasty

Recent years, driven by the hot study of the reformation of 1901– 1911 and Shen Jiaben, the academe's visual angle also stretches the law-making activities at the end of Qing Dynasty, and gained many valuable academic achievements. However, the Bureau for Compilation of Law----an institute of holding law-making, are intentionally or unintentionally overlooked. The purpose of this paper is to restore the historical features and historical value of the Bureau for Compilation of Law.For"restore",this paper should be mainly to"Inspection", and supplemented with"Study";"Study"is for"Inspection", and"Inspection"is combined with"Study";"Inspect"in detail,"Study"briefly. The writer thinks along it, with clues of times, and with red line of the Bureau for Compilation of Law, and explains clearlythe background, the main work and achievements, the historical role and so on. The Bureau for Compilation of Law was born in the crumbling rule of the Qing Dynasty buildings, and always with the reformation of 1901– 1911. It is one of new institutes to reform laws in the reformation of 1901-1911, all of its works obey and serve the reformation of 1901– 1911. At first, it subordinated Ministry of Punishments (Department of Law),then was independent in 1907, because of the struggle between Department of Law and Dali Department. But its independence is merely nominal, and the writer is more willing to call"Half-independence", followed to reasons: firstly, although called"Legislative body", it only owns the power of law-making, not including the power of resolution----all laws must be handed to the Committee for Drawing up Regulations for the Constitutional Government approve; Secondly, although called"independence", in fact, it did not have an all-time-job officer, and all the officers, from Ministers to amend laws to normal officers, were part-time job.Although a half-independent institute, leading by Shen Jiaben, the Bureau for Compilation of Law attracted many new intellectuals with modern law knowledge, aimed at"gain victory by negotiations and follow the example of powers", and created modern legal system, such as Criminal law, Civil law, Commercial law and Procedural law. Most of these new intellectuals with modern law knowledge became famous features on the circle of law and politics in the period of Republic of China. And the new lawyers educated by Law school subordinated by the Bureau for Compilation of Law also became an important source of judges in the Trial Chambers and prosecutors in the Prosecution Chambers in the period of Late Qing Dynasty and Early Republic of China. At last, by virtue of modernization, this paper analyzes the historical contributions of the Bureau for Compilation of Law to the Modernization of the Chinese laws.