.1906-1911 Shandong Justice Reform Study

The end of the Qing dynasty, China's political situation worsen sharply. In the face of western powers of aggression and domestic constitutionalists unceasingly, the Qing government decided in great pressure nationwide implementation of the New Deal, to save their ramshackle rule. In 1906 to 1911 Shandong judicial system reform is judicial system reform of Qing dynasty is an important part of Shandong province, in the early modernization construction of judicial system in the process of playing an important role. During this period, the judicial system reform of Shandong province is actually a process of western learning, the traditional judicial system and traditional legal thoughts in abandon or half abandoned state. The reform of the judicial system of Shandong province is at the time of the background, and the judicial system reform of Qing dynasty is basically the same pace. So, for this period the judicial system reform of Shandong province is unfavorable also evaluation were too high. After the reform of system of justice, after all, is the beginning of a new mode of the judicial system, and ideal still exist considerable disparity. Correct the judicial system reform, in order to present judicial system to offer reference for the construction of the experiences and lessons.This paper mainly by historical narrative technique, based on the basic of modern judicial historical data, from traditional judicial characteristic and existing crisis of the late Qing dynasty, examine the discrepancy and thoughts of judicial independence in judicial independence for key modernization of judicial reform. The problems with reform for clues, discusses this period of judicial reform road of Shandong province with difficulties existing ideal. This paper is divided into three parts, including introduction, body, and conclusion. Introduction of Qing dynasty, the part from social and historical background of change in introducing traditional judicial drawbacks, the paper put forward, based on the research content, namely to judicial independence for clues in Shandong province, this paper discusses the process of judicial reform display of social change and judicial transformation social order to building game-theory relations; Meanwhile in reviewing relevant judicial reform evaluation on the basis of research achievements, emphasized in this paper expatiates the research framework and basic train of thought and theory goals.There are four parts of the thesis.The first part of the reform of the judicial system summary before live and the historical background of the reform. Mainly discusses the three levels. First is the original judicial system at the time of the domestic and international environment has not normal to play a role, appear various drawbacks to endanger the rule of the qing government gradually status; Second is the western legal system operation mode and main points of view at home by the elite eventually, quantities of intellectuals and political elite imitate ziphah, calling for Finally the foreign invaders tightened aggression, in the most extreme duress pace, the Qing government was forced to make judicial reform. Shandong province follow the Qing government decree, also began to carry out the reform of the judicial system.The second part of the late Qing dynasty from the judicial reform of western judicial independence of thought into background, focuses on the analysis of this period of Shandong province judicial reform. This marked the Shandong province and even the national trial from feudal lag behind to the way modern civilization.The third part analyzes judicial independence as the core of the late Qing dynasty Shandong judicial reform the reason for failure and experience, to the current judicial reform to enlightenment.The fourth part in late Qing dynasty based on the history of social change environment, and in the history of the memorial and empirical research, based on relevant Chinese judicial reform that the basic conclusion: walk construction experience and rational perfect correspondence road, is the current judicial reform approach. In addition, any one-way choice were in vain.