Exploration Of The Late Qing Trial Mode Change

The late Qing Dynasty(1840-1911) is a period during which the Chinese society underwent dramatic changes,and it is also an important stage when the traditional Chinese judicial system was transformed to a modern one .The traditional judicial system ,with its theories,principles and practices which had developed over thousands of years, failed in dealing with the changed reality of the Chinese society. Its backwardness and inefficiency was increasing obvious.Therefore,to establish a new judicial system in accordance with modern judicial sprit and applicable to the Chinese society became an important historical project in the late Qing Dynasty. Beginning from the "new political system" initiated in 1902, the Qing court undertook the historical task to transform the traditional judicial system with reference to the modern Western judicial principles. Much efforts were made in ideological and personnel restructuring and the institution of new judicial procedures. During the following ten years, the modern Chinese judicial system was gradually taking shape.Judicial mode is an important aspect of juicial system.The actual transformation of judicial mode during the late Qing Dynasty used to be a weak link in the studies of China's judicial history.In this thesis,the author made a thorough discussion on the historical background, process,contents and results of the subject by soting out and analyzing a tremendous amount of historical data.The author aims to fully display the actual process of the transformation of the judicial system during the late Qing Dynasty, and at the same time,to provide sources for a better understanding of the transformation of modern Chinese judicial system.This thesis first analyzes the changes in social structure and the impotence of the Qing Dynasty was deeply trapped by a ruling crsis.The traditional judicial mode was no longer effective because of the Western colonists' infringment on China's judicial power, the destruction of the traditional system by the government itself and the resistance of the people against the then present system.This thesis mainly discuses the transition of the justical mode in Late QingDynasty. This chapter displays the contents of Judicial Mode.eg: the adoption of open hearing; civil cases and criminal cases are tried separately;the establishment of the withdrawl system of judges;and the introduction of the procuratorte system.Furthermore, this thesis make the Comment of Transformation of the Judicial Mode.After analyzing the transformation of the Late Qing's judicial mode, we coclude that the judicial system transformation during this period is practial, progressive, and ahead of the times.In the conclusion of this thesis, the author briefly reviews the whole judicial transformation process during the late Qing period,and concludes that the transmation of the judicial system during the late Qing period raised the curtain on the overall shift of the traditional Chinese judicial system.