On Legislation Of The Company In Late Qing Dynasty

The legislation of corporation in the late Qing Dynasty was one of the most important parts which can't be lack of in the commercial legislation and the revision of law in the late Qing Dynasty, and it was the first attempt in the field of corporation legislation in the Chinese modern history. As an epoch-making affair, it's great influence shouldn't be neglected. In order to evaluate and position the historical value of this legislation scientifically and rationally, from the angle of the subject of historical law, the author tries to look back on and study this legislation more comprehensively. This paper is designed to discuss the main respects of this legislation, including its reasons , whole course, characters and historical influence ,so as to studying this legislation more comprehensively.The legislation of corporation could be put on schedule and realized in the revision of law in the late Qing Dynasty, which has many reasons. For one thing, corporation appeared and developed gradually in China in the 19 century, which bring about the needs of the legislation of corporation objectively. For another, the ideology of legislation of corporation that had arisen and be strengthened provided the supports of consciousness to the legislation. Meanwhile, the change of the Qing government's attitude towards commerce gave a chance to legislation of corporation.The Qing government had spent eight years in the legislating of corporation in the late Qing Dynasty. According to the development of this legislation, we can make the reform of official institution as the dividing line , and divide this legislation into two phases: the first phase is from 1903 to 1907, and the second is from 1907 to 1911. As far as every phase is concerned, it manifested different characters. In the first phase of this legislation, it was characteristic of simplification. The government promulgated some laws and regulations, the formulation of The Corporation Law became emphasis of the legislation in this phase. This was the first appearance of The Corporation Law .It emphasized on following the example of foreign law, which guided the second phase of this legislation. The legislation was carried out on thebasis of the commercial code in the second phase. Due to the legislative pattern of separating commercial law from civil law be taken, the law of corporation constituted one of the commercial code. The legislation of corporation was more systematic and substantial in this phase, such as legislative body, participants, and consideration of legal provision.The legislation of corporation in the late Qing Dynasty has shown several characters through study above. From the macroscopic angle, The legislation has the characteristic of meeting an urgent need and outstripping reality, and it was conducted under the legislative pattern of separating commercial law from civil law. From the microscopic angle, it reflected the character of loose and comfortable in the legislation, which embodied its aim to take convenient to merchants. Moreover, we can find its transplanting foreign corporation law from its legal provision. As an important attempt to legislate of corporation and beginning of legislation of corporation in modern history, this legislation had made great influence on the society and the legislation that followed.