An Investigation Of The Legal Culture In Britain's Leasing Of Weihaiwei

Britain's leasing of Weihaiwei for more than 30 years, during this period, Weihaiwei was under the rule of British law, meanwhile, Chinese traditional customary law still had its effect. Different legal cultures was reflected in different legal systems, and guided to different legal paths. The special nature and status of British Leased Weihaiwei made its legal system and legal culture be very different from local legal system and legal culture at home at that time. So, also can be said. British Leased Weihaiwei period was a special period in culture and law exchange of China and Britain, the legal culture of British Leased Weihaiwei is the crystallization of the legal culture of China and Britain. It has very typical case value to explain the legal culture of British Leased Weihaiwei.Because the typical personality of legal culture of British leased Weihaiwei makes the explanation of it very valuable. Through the comparison of the the same or similar legal system and the legal culture behind it of late Qing and Republic of China, different effects of exogenous institutional change and endogenous institutional change can be seen. It also can be seen that the legal culture of British Leased Weihaiwei is deeply affected by British common law, which is wholly different from the national self-selected civil law tradition. It provides a new perspective for us, if or how extent the common law can be refered, if a useful system or culture atmosphere can be produced by this reference, this is the important theoretical significance of studying the the legal culture of British Leased Weihaiwei, can be refered by today's legal practice, and has a certain practical value.Women's protection problem refers to criminal, civil and social management and so on, and is the important scope of legal system of British leased Weihaiwei, meanwhile, it is alson a typical cohesive carrier of the legal culture of British Leased Weihaiwei, provides a important window to understand the legal culture of British Leased Weihaiwei, and shows the legal culture of this period comprehensively. So this paper chooses the perspective of women's protection to examine the legal culture of British Leased Weihaiwei, through combing relevant legislation and customary law refer to women's protection such as marriage, suicide, prostitution, foot binding, education and so on, it analyzes the value composition and culture factors, based on this, in order to understand the formation of the legal culture of British Leased Weihaiwei more deeply.Standard research methods such as literature research, data research, comparative studies, historical research and so on are used in this paper, research paradigms and theoretical results of modern subject such as political science, history, sociology, and cultural anthropology are borrowed. Based on scrutinizing the legislation and policy about women's protection during British Leased Weihaiwei period, especially comparing them with the legislation and policy about women's protection during late Qing and Republic of China period, this paper discusses the differences of the legal cultures deeply, finally gets a comprehensive understanding of the legal culture of British Leased Weihaiwei.This paper selects< The protection of Women and Girls Ordinance 1905> as its analysis object, and compares the< The penal code of China> with it. This breaks the code form of "only one law" in Chinese tradition, exists as a single criminal act. meanwhile, in the conviction and punishment, it is lighter than the laws of the Qing Dynasty clearly, this is related to the differences between the Chinese and Western legal cultures. Then, through analyzing the differences of women survival status in and out the border and dauses of it, this paper finds the differences of legal system and legal culture behind it. Finally, this paper studies the women's education development status of British Leased Weihaiwei, and compares it with today's women's education development status of China, in order to find the differences of Chinese and Western legal cultures behind it.