On The End Of Qing Law In Dispute Of Etiquette

The Courtesy law battle of latter stage of Qing Dynasty took place in the course of constitutional reform(1902-1911), and it was a dispute about the main guidelines of the constitutional reform between Zhang zhidong,Lao Naixuan, the chief representatives of the Ethic Faction, and Shen Jiaben,Vang Du ,the chief representatives of the Law Faction .It had the extremely profound influence on the modernization of the Chinese traditional legal system and the development of the Chinese legal thoughts. This paper introduces the process and the content of the arguments, the representatives' legal thoughts of both sides, the nature of the dispute, the reason caused the dispute, and its historical significance.The first part is the background and the main guidelines of the constitutional reform. The Chinese economics, politics and culture had a lot of changes with the invasion of the western capitalism. The conflicting of the social problems got serious, so the rulers decided to carry the legal reform in order to keep their rule rights. The rulers illustrated the main guidelines of the legal reform in a series of orders. It is referring to the western legal system and principles to repair our traditional law. But the premise is that they can not conflict with Chinese traditional ethics.The second part is the process of the argument The argument is divided into three departments according to occurring time and the controversial contents, the arguments about new civil litigation and criminal litigation law, the arguments about new Criminal law, and the arguments about Nationalism and Familism. This part introduces the contents, the process and the results of each departmentThe third part is the representatives' legal thoughts of both sides. This part introduces and compares the thoughts of Zhang Zhidong, Lao Naixuan and Shen Jiaben in three aspects, the understanding of the Chinese tradition legal system, the understanding of the western legal system and the opinions about the Chinese legal system reform.The forth part is the nature of the Courtesy law battle of latter stage of Qing Dynasty. Firstly the paper introduces the arguments about the relations of the ethics and law. Although one insisted that law must combine with ethics, the other insisted that law must isolate from...