The Research On Commercial Legislation Of The Late Qing Dynasty

The commercial legislation of late Qing Dynasty was the first practice in commercial legislation in modern China , and was an important part of legal reform of late Qing Dynasty. The commercial law which from the content to the style was innovative , and meets the needs of the socialist modernization. It will contribute to perfect the socialist legal system and help to converge the communication between Sino-China legal culture . These commercial legislation achievements were the foundation of China's commercial legislation in the future, and have great significance for the modernization of socialist legal system.The thesis is divided into five parts . In Chapter One , the author gave a review of ancient china 's commercial system, then discussed the rising of mercantilism in late Qing Dynasty and analyzed the incentive which promoted the commercial legislation in late Qing Dynasty . In Chapter Two, the author analyzed the authorities of commercial legislation , which including the Commercial Department, the Law Revision Council, the Law Compiler of Late Qing Dynasty, the Chamber of Commerce , etc . In Chapter Three , the author gave a summary about the main achievements of commercial legislation in late Qing Dynasty , and gave more detailed analysis about the Regius Commercial Law of Qing Dynasty, the Company Law, the Draft Regulations of Commercial Legislation , and discussed the important impact of "commercial legislation" of non-governmental trade associations in China 's commercial legislation . In Chapter Four , the author deeply discussed the implementation and actual social role of the commercial legislation in late Qing Dynasty . In the last Chapter, the author analyzed the feature and historical status of the commercial legislation in late Qing Dynasty ,and pointed out the reason which the commercial legislation was divided from the society at that time. Then discussed the lessons drawn from the legislation of late Qing Dynasty, the lessons would benefit to the modernization of socialist legal system. The author also put forward his own view of constructing the legal culture in the areas such as transplantation and integration.