Assessment In Meiji Japan Legal Modernization

Relevant laws and legal transplantation discussed the modernization of Law at the current occupies a special status. In these studies the rule of law relating to the modernization of Japan's problem has been a great deal of concern, Since the modernization of the Japanese legal system is not only realize the significance for Japan, but also to a large extent affected the Chinese, the history of the development process in East Asia. Works in this regard, the results of quite good thesis, but this does not mean that we in modern times the Japanese legal system of the study can move forward on that. Therefore, this thesis focuses on the Meiji period of Japan's modern legal system.Chapter thesis is the modernization of the Japanese legal system as a whole process of introduction. First of all, analysis of ancient and modern Japanese law, the status and characteristics, to show the Japanese legal system from the Chinese western wind changes direction; Secondly, the Meiji Restoration of Japan's legal system to carry out construction details, focus on the Constitution, Civil Code and the Penal Code.Chapter II the Japanese legal system are the main features of the modernization of the summary, Including the area of first and then the civil area of criminal constitutional Finally the field of the easier part first, the West has taken the country to optimize the selection, after the first radical conservative three aspects such as timely adjust.Chapter III is a detailed analysis of the reasons for success of the rule of law in modern Japan. First of all, the legal system of any society can not exist in isolation, the rule of law in modern Japan as modern Japan, the whole of society as an integral part of the process, its success is based on feudal Japan's unique social structure, the results of screen-fan system, this structure and institutional modernization of the Japanese legal system the possibility of conditions; Secondly, the Meiji government reformers themselves have a sense of crisis and an open mind on the study of legal transplants are to promote the modernization of Japan, the need for the rule of law conditions; Third, the modernization of Japan, the rule of law reformers and promoters of the samurai, noble-minded, political reformers constituted, they are transformed from the shogun ate system comes with a firm belief and pragmatic style, which constitute the modernization of the Japanese legal system can not or conditions of the main gaps. These conditions did not play a role in common law there would be no modernization of Japan. This is regardless of our country's legal system today is the modernization of the country to sustainable development, the construction of a harmonious society is of great significance.