Imperial Qing Commercial Law "and Its Modern Revelation

Regius commercial law of Qing Dynasty,as the first achievement of the law reformation in late Qing Dynasty,has the deep cultural,economical and political background.It introduced the advanced system of western modern commercial law, the principle as well as the concept to China,such as limited liability company,the limited liability,the shareholder,the trustee and so on,when the modern commercial law foundation was not founded in China.It stepped out the first step of Chinese legal system modernization,and brought legal safeguard to capitalist industry and commerce to some extent,which promoted china's national development of capital principle.However,Wu Tingfang and Zai zhen who compiled the commercial law had no the in-depth understanding of the essential meaning of the western law.They borrowed the Japanese commercial law together with the British commercial law hurriedly,and drawn up Businessmen General Orders and Company law hastily,but based on the urgent need of that time and by referring to the commercial laws of various western countries.The Regius commercial law of Qing Dynasty is a combination of the above two laws.The main commercial behavior and other basic concepts are not fully explanted in it,and the structure of which is incomplete,the content is short,the actuality of commercial development in late Qing Dynasty is neglected,in addition,the traditional Chinese business practices is not taken into consideration.So the first law of business has been implemented only for a few years and be questioned thereafter,which forced legislators to take into account the establishment of a new Commercial Code. Moreover,to research the implementation situation of Regius commercial law of Qing Dynasty and to explore the problems exposed during its implementation process conduce to understand the reason of its failure and thereby learn lessons from Regius commercial law of Qing Dynast."China and Japan are located in the same continent,and the regime as well as public sentiment is similar".That is why the transformation of the legal system of Qing Dynasty is most affected by Japan after the success of Meiji Restoration in Japan.Not coming singly but in pairs,Japanese Meiji commercial law,which is the main reference of Regius commercial law of Qing Dynasty,was established under the similar background with Regius commercial law of Qing Dynasty,while the ultimate fate of the two is completely different.The Japanese Meiji commercial law not only promoted the economic development greatly,but also demonstrated strong vitality after being modified several times and advanced with the times and is still applicable a hundred years later.There exists great significance for the construction of nowaday Commercial Law by comparison and by exploring in depth the cause of the differences of the twoAt present,China's market economy is developing rapidly,and many specific trading laws and regulations concerned are already issued and executed.While the legislative mode has not been determined,therefore there are not a general explicit rule concerning the basic spirit and principle of commercial law,which leads to the solely issued commercial regulations are not provided with a reasonable foundation. Perhaps the Company Law in Regius commercial law of Qing Dynasty may give us some inspiration to solve this problem by researching the background of which.In addition,the problems concerning the transplantation of commercial law as well as how to deal with traditional business practices that exposed in Regius commercial law of Qing Dynasty,are inevitable for today's commercial regulations,and to study these questions takes on great realistic meaning thereby.