On " The Late Qing Dynasty And The Amendment Of Laws " And The Relationship Between The Modernization Of Chinese Legal System

The modernization of law in the stage of Qing dynasty means the legislative spirit and characters in liberal capitalization zra. The modernization of Chinese legal system is the investable result of the development of social politics ,economics and culture of modern China.The law's modernization in the last stage of Qing dynasty collectively represented laws acts and rules issued in politics,economic,education,and social life. Generally,these laws were systematic and characteristic,promoted and played an active role in the development of society ,economics and politics.Although the results were antinomy regarding the motivation and impersonality .The law modernization created a knocked-down effects in the legislation in Mingguo Era.It has been gradually pushed forward in the conflict of criticizing and adopting the reasonable kernal of Chinese traditional culture while the western cultures are being introduced .Law transplanting has played an important role in the evolution of modernization of Chinese culture ,settled and therefore became a part of Chinese legal culture ,then it can be a successful one.The history lessons hold that Chinese's lawyer should reconsider law under Chinese circumstances,understand Chinese legal problems in the time and place of Chinese social changes,and suvery everything from the points of Chinese people.This article attempts to study the reform of the law from the end of the Qing dynasty .Summarizes the background ,the historical inevitability,special agent of the reform and repairs the law by modern people's field of vision to the right and wrong merit to make an appropriately objective appraisal.The challenge and the destiny inspecting the Chinese tradition law culture which is suddenly to be transformed to the modern China society is very big .The foreign law must become the part of Chinese law .only in this way ,it can be called successful law transplanting.In the past hundred years ,we were unable to walk self-confidently continuously,especially in two aspects: One is the law transplanting question .The goal of transplant lies in changing a country's law .causing its realization legal system of the modernization.On the other hand ,we pay more attention to the external culture Jacking to the internal tradition inheritance ,denying the native place resources value .causing the legal system development to lack the real life.In the traditional law culture ,we take the legal precedent because it is effectively in adjusting the society to the harmony.In the stage of Qing dynasty ,we have abandoned this kind of rule ,worsely ,the foreign law is the key part of our law .this is one extremely unwise view.