Resolve The Qing Legal Reform And Its Modern Sense

The legal Reform in the late Qing Dynasty is the most profound in the history of Chinese legal system in a legal reform.It opens the process of modernization of Chinese legal system.With far_reaching influence,until today we are still in this historic process.Although there is different situation between the current China and the late Qing dynasty,there are many similarities in the difficulties faced by the reform and the ideas of the reform so that we have an important learn to reflect the revolution for the current construction of the socialist rule of law.The causes of this Reform has been considerable researched at home and abroad,but the point of view is single;the analysis is not comprehensive enough.The limitations of the Reform of research are not thorough.That is leading to the bias of the characterization of the Reform.In this paper,it described the appearance of the reform comprehensively with the Marxist point of view of law.And it studies the limitations of the reform in-depth and detailedly.Then it elucidate the modern sense of the reform.This not only elaborates the theory sense from a macro,but also in-depth discussed the historical value.Linking with Chinese actual rule of law,it investigates the specific path of modernization.In this paper,I use history,law and philosophy and other related knowledge and ways of thinking to discuss the Reform.And I use the social system analysis,documentation reference method,data analysis and comparative study of methods to comprehensive treat of the causes and the basic content of the late Qing legal Reform;to carry out the reform both positive and negative assessment;to sum up the modern meaning of the Reform connection of the current practice of the rule of law finally.This paper is divided into five parts.The first part reveals the historical necessity of reform from economic,political;judicial,legal culture,military and Shen jiaben facts.To a certain extent,that denies the long_standing theoretical circles which would consider "prepare constitutionalism" as the pseudo_constitution.The second part focuses on the analysis of the basic content of the Reform and appraises the basic characteristics of these elements in a simple summary.The third and the fourth parts discourse the historical value and limitations of the Reform.The fifth part explains the modern significance about the Reform,link with the current Chinese practice of building the rule of law with the comprehensive analysis above.