Shenjia Resolve This Civil And Commercial Thinking

Shen Jiaben is a famous jurist in modern China. He is the leader and advocator in the legal reform in late Qing. Shen Jiaben formed its own legal system of thought through summing up the present system of China's feudal law and modern bourgeois important element of a number of the rule of law. He is known as the first man in modern law and legislative practice.The legal thought of Shen Jiaben is rich in Civil and Commercial Law in this article. His life can be said that this is not trivial. He was born in an official book traces family division. He has a keen interest in reading.He was influenced by his father named Shen Bingying who is his father. So he is familiar with the law of Qing.Besides he is also influenced by Shen Bingying who is not only his teacher but also his teacher. With the help of his uncle, he has its own understanding and views to the society. Afterwards Shen Jiaben obtain the Bacholor and became a member of the Board of Punishments Division officially.All of this can be said for the revised law of the late Qing. Shen Jiaben hosting the the modification of the law is a historical choice and a historical necessity.Shen Jiaben was ordered to host the modification of the law by the dowager Cixi in the late Qing. He has played a pivotal role in the process of the modification of the law would be difficult to end without Shen Jiaben. His main contribution is in the procedural law, he called for separation of procedural and substantive law, the establishment of civil law system, judicial system, legal system. In the substantive law, he established the "Bankruptcy Law", "Insurance Law", "Nationality" and so on. In addition, Shen Jiaben setted up school to train the legal professioners, repaired the legal hall, studied Japanese law and hired Japanese experts to investigated the civil habits.Shen Jiaben who can achieve such a success is due to his deep impact of feudal ideas. He has put his own ideas into practice. The "Combines Chinese and Western" in the civil and commercial thought is the core of his thought. Although many scholars have "Combines Chinese and Western" thought. All of this should be said to be distinctive. The feature of his thought lied in putting the "personality equality" and "blending emotions in law" in making comprehensive use of "Combines Chinese and Western".Shen Jiaben was a person in the feudal society. He is deeply influenced by the feudal society. The influence is innate.He was also influenced by feudal rule of "three cardinal guides" and "the five permanent members" in his heart.He also put his unique emotional to China among the legislative thought. Thus he put the "personality equality" and the "emotions blending the law " into the " Combines Chinese and Western. So his core thought to Civil and Commercial Law is "Combines Chinese and Western Combines Chinese and Western.Although the thought of the Civil and Commercial Law is far away from us.His thought not only in the past but also in the nowadays has important meanings.