The Lawyer System In The Late Qing Dynasty Legislative Studies

During the late Qing Dynasty (清朝), Man government, for the political reason transplanted the free law and the free system of the modern Capitalism in western and took the judicial reform, under the pressure both from home and foreign countries. Therefore the reform of the traditional judicial system is recorded in the highlight in the history of Chinese legality. This reform separated the jurisdiction from the administration at the first-time and established the comparatively independent judicial organization. The bringing and development of the lawyers' system of the late Qing is based upon the transformation of the legal system in modern China, and the system is an important part of the legal reform of the late Qing. It is a great reformation that break traditional system, and is also a great attempt that establishes the future; it runs through the spirit of the changing times on the value idea, and embodies the whole changes of modern history; it also opens the process that the western advanced judicial system, principle and idea of capitalist class gradually roots in the hearts of the people, and opens a new field of lawyers' system of ChinaPart one. Background of introduction of the legislation about lawyers' system in the late Qing mainly analysis those fundamental stimulates from the outside and inside respects. On the surface of that in history, the legislation about lawyer is for the sake of copying the constitution politics and being anxious to draw back extraterritoriality. While on the deeper basis, there still was its history inevitability.Part two. The legislation about lawyer systems in the Draft of the Criminal Procedures and Civil Procedures of Qing Dynasty (1906)( 《大清 刑事民事诉讼法草案》), the Draft of the Criminal Procedures of Qing Dynasty (1911) (《大清刑事诉讼律草案》) , the Draft of the Civil Procedures of Qing Dynasty (1911) (《大清民事诉讼事草案》) . Part three. On referencing others' study as the basis, I summing up the...