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Judicial Reform In Late Qing Dynasty Study

Posted on:2010-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q BaiFull Text:PDF
GTID:2206360302476715Subject:Legal history
Abstract/Summary:PDF Full Text Request
In the beginning of the last century , Judicial Reform in End of Qing Dynasty was the great turning point from the feudal rule of traditional Chinese civilization to the rule of law to the modern civilization, lay the foundation for modern judicial system. This article from the perspective of the overall and objective , generally describe the end of the Qing Dynasty's main process of judicial reform, And take this as foundation to argue this reform significance and influence .End of the Qing Dynasty was a judicial reform carried out for the sake of self-help initiative of the judicial reform, from top to bottom, relatively succed to turn a judicial system of traditional Chinese feudal judiciary to the modern independentjudiciary, however, works in the past, the demonstration on the main process of the reform and its pursuit of the objectives of the reform of judicial independence and the ground-breaking significance is lack, so, discussion on this article focus on these two points.The introduction of the first part of this article sets out the research methods and research present situation, and initially discuss this issue.The second part, first from aspects of the modern West judicature theory's introduction and the absorption, elaborated Qing government's judicial reform thought. Then, from takes back the consular jurisdiction, to take back the place judicature privilege and to profit from the Japan judicial reform successful experience, demonsrate the realistic reason, of judicial reform.The third part, divide the two parts to elaborate the entire judicial reform , revolve the administrative authority and the judicial authority separation and achievement of the trial independent reform goal to demonstrat. The fourth part carried on the analysis to the function and the significance of the entire reform and draw the conclusion, and initially pointe out this reform's significance.
Keywords/Search Tags:End of the Qing Dynasty judicial reform, The independence of the judiciary, Judicial independence
PDF Full Text Request
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