Research On The Revision Of The Civil Law From 1901 To 1911

The establishment of the modern legal system and the legal reform in late Qing dynasty marks the disintegration of the Chinese Legal System. It is the beginning of the modernization of chinese legal system ,which is also an important significance in chinese legal history. Revision of the Civil Law is an important part of legal reform in the late Qing dynasty, and it's the first practice in the Codification of Chinese Civil Law, which marks the birth of the first civil law in chinese history and opens up a way of the modernization of civil law .The legislative research of the late qing and early republic period is a hotspot over recent years and the papers in this field are not rare . But, due to various reasons, it is still a weak link concerning the revision of the Civil Law in late Qing Dynasty .Lots of contents needs to be perfect .There are six parts in this thesis. The first chapter: whether there exists the civil law in ancient China. The author holds that in spite of there is not the civil law in a modern meaning .There exists civil law in the substantial sense ,and the author explains its existence forms in detail .The second chapter analyzes the reasons of the Civil Law's revision .In this part , instead of using marxist principle by rote ,which think the revision of the Civil Law is an outcome of commodity economy development . The author gives a theoretical explanation to the revision from a new perspective. The third chapter introduces the background of the Reform and the main institution——the law revision institution . The objective is to lay a foundation for the next chapter .The forth chapter explains the process of the civil law revision in detail and reappears the historical facts as far as possible . In the fifth part, the author introduces the contents of the Draft Civil Law of Qing Dynasty, analyzing its characteristics and giving an objective evaluation. It adopts the most advanced system structure and its contents have capitalistic features .But there still exists the restrictions of the feudal patriarchal system in personal relationship , to which many experts and scholars give their critics . Academic circles only emphasis on the disadvantages of the law, and ignores its progresses. On the one hand ,the author points out the shortages of the law , on the other hand , the author affirms its historical progresses .The sixth chapter discusses two questions .The one is the courtesy law battle of latter stage of Qing Dynasty .And the other is on legal transplantation of law and localization .Both of them are related to the Draft Civil Law of Qing Dynasty, especially the second one ,which is an important enlightenment given by the Draft Civil Law of Qing Dynasty .Now the Civil Code of Prc is drafting. In this background, it is of great significance in the revision of civil codes in both Chinese and Foreign history . The Draft Civil Law of Qing Dynasty is the first draft of civil law in Chinese history. The process offers beneficial enlightenment for the Civil Code of Prc .