Analysis Of The Transition. The Late Qing Personnel Legal System

In Chinese traditional society, the legal institution of personal administration was developed. While modern times coming, the legal institution of personal administration was forced to be modernized by the external needs of a high efficiency and democracy administrative system. The object of research in this thesis is a legal institution centering on dynamic process of personnel administration, which took place in end of Qing Dynasty, particularly in period of "New Deal" , the very beginning of reforming of legal institution of personnel administration of China in modern times.Fist of all, this thesis inspects the outline of the development of traditional legal institution of personnel administration of China, inherence defects thereof from historic and macro aspects, and further, together with social realities at the end of Qin Dynasty, analysis basic condition and direct reasons for its reform. Secondly, this thesis deeply discusses reform of legal institution of personnel administration at the end of Qing Dynasty, from following four aspects: legal intuition of selection of personnel, legal institution of examination and evaluation for personnel, legal institution of supervision and impeachment for personnel, which constitutes principle part of this thesis. Finally, by way of demonstrating and comparing traditional institution of personnel administration with its modern counterpart, writer displays his acknowledge of traits of legal institution, that goes as follows: this reform was tightly involved with constitionalism and guided by westernization, following the way of lawful management of personnel, effect of which was closely related to capabilities and wills of the directors.China is currently facing a reform of institution of personneladministration. Not only shall Reality problems and contradiction be considered seriously, but also historic experience may be used. Therefore, in order to provide useful experience to current reform, writer conclude several positive revelation from research on legal institution of personnel administration at the end of Qing Dynasty, which goes as follows: legal administration is basic principal; Not Copy other countries; Lay stress on impact of human being; pay attention to guidance of theory; and not desire to built Rome in a day.