Litigation Matter In The Late Qing Dynasty Habits Survey Compiled With The Late Qing Dynasty Procedure Code

As a very important sub-item of the legislation customs investigation, Litigation Customs Investigation in the Late Qing Dynasty has the same purpose in nature with civil customs and commercial customs in the Late Qing Dynasty, that is to make the information on the legislation behind the preparations and reference systems. Although the litigation customs investigation was carried out by Census Bureau of all provinces which were undertaken the Committee for Drawing up Regulations for Constitutional Government, the contribution of the customs investigation to the Civil Procedure Draft Code for Qing Dynasty and Criminal Procedure Draft Code for Qing Dynasty which were codified by the Bureau for the Compilation of Law was very limited.This paper discusses a total of five chapters from the first chapter discusses the end of the Qing litigation matters customary survey of macro-historical background and reasons why the Qing Dynasty litigation matters customary survey of the historical setting and the Qing legal matters What used to investigate the relationship between. This chapter the author concludes that the Qing Dynasty used to investigate the main legal issue in the "recovery of extraterritoriality" and "development of good law" under the two major driving force.The second chapter discusses the end of the Qing litigation matters customary investigation process, scope and related issues are discussed. Qing litigation matters customary investigation is a huge systematic project, which includes the process of investigation to investigate the extent to carry out the investigation of the time and is composed of a series of problems. Also involved in litigation matters customary late Qing Dynasty and the Qing Dynasty used to investigate the relationship between the investigation, the author concluded from this chapter, Qing litigation matters customary investigations start time from 1907 to 1909 years. Most of the country involved in the investigation of about 15 provinces, mainly known to local investigators and the situation is within the scope of investigation professionals. Course of the investigation into the establishment of the Investigation Bureau, improve investigation statutes, the Investigation Bureau of Investigation prepared items, table type, the counties of field surveys, provincial Bureau of Investigation survey of the various towns in the province to complete the four stages of the investigation report. The third chapter on the late Qing Dynasty litigation matters customary survey results-"litigation matters customary Survey Report," conducted a content analysis of the comb and try to restore the Qing Dynasty through the action used to report the historical facts themselves. From the point of view the content of the report, the main body is divided into litigation, litigants, litigation costs, litigation procedures, the Evidence, by both sides, and six major aspects of interest, in every respect, several provincial legal habits report shows a great commonality of some small differences.Chapter IV discusses an important part of this article is the core meaning of this part, mainly through the Qing Dynasty Report litigation matters customary procedural legislation and after comparison of the Late Qing Dynasty tried to explore the relationship between them. Comparison used in this chapter is legislative action in late Qing Dynasty and the Qing law provisions litigation matters customary Report for 11 more. Finally the conclusion is obvious between the reference relationship does not exist, the new law since the codification of the main draw on the principles of Western civil law, norms. This chapter in the relations between the two based on the conclusions and further explore the relationship between the two reference Why there is no reason, come for two reasons:First, the Qing Dynasty used to own backwardness litigation. Second is to investigate the shortness of time. Third, the investigation itself difficult, the investigators used on the litigation no in-depth processing, sorting.Chapter V is the conclusion, is an extension of the fourth chapter, and further proof, concluded that the legislation is a good habit of drawing their own legislative principles and methods of rule of law in today's society there are still product-level significance. In this respect, we should learn from history, develop more a reflection of global trends, the situation, then the situation of China's "good law."...