The Legal Thought Of Ten Ching ShinWen Pien In Late Qing Dynasty

From the first Ching Shin Wen Pien(it's short for CSWP in the following )published in 1827, to the end of the Qing Dynasty rule, more than 10 kinds of CSWP had come out in succession, which had formed an unique cultural phenomenon of the late Qing Dynasty during nearly 80 years. The essays on the text basically covered the politics, economic, military, leagl, ideology and culture aspects of Qing Dynasty, and provided us with important references and have a high historical value."Thought of Humanistic Pragmatism"is the compilation of its guiding ideology. The purpose is to provide a reference for the rulers to get rid of their maladministration, reform and self-reinforce. Concerning of legal issues is also an important feature in the CSWP. Therefore, it is necessary to have a study on the legal thought of the representative of the CSWP in each periods. Concept of cautious penalty, concept of no-lawsuit, comparative view of Chinese and Western legal, thought of international public law as well as ethicalization of law are all more concerned in the the CSWP.Because of the limitation of the article's content, the paper was alternatively discussed the concept of cautious penalty, the concept of no-lawsuit and the comparative view of Chinese and Western legal. From the first CSWP's traditional legal concepts to the text for the idea of learning the Western legal systems in the Late Qing Dynasty political reform period. We could see that the impact of Western legal system became more extensive and people's wishes to learn the Western legal systems grew strongly. But still limited in the thinking sphere of so-called"zhong ti xi yong"——Chinese traditional thought as the fundamental, Western legal systems only as a tool. The concept of cautious penalty did not thoroughly remoulded from the traditional concept and developed into human rights thought of modern law,the concept of no- lawsuit also defended tesaciously established customs of millennium invariability. However, with the development of society and the changes of political environment, the editors and authors of CSWP's had gradually recognized the role of the Western system of law on the progress of the society. The former two reflected the editor's limitations in understanding, the later embodied their initial awakening in understanding.