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Judicial System Reform Of Qing Dynasty

Posted on:2012-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:H GaoFull Text:PDF
GTID:2216330338456341Subject:Law
Abstract/Summary:PDF Full Text Request
Opened-laden past, not simply in order to describe a section of people talking about history, even more important is that we have to learn from history, which in turn finds it inspiration a thorny issue for today's society. In recent years, along with the promotion of justice system reform, legal reforms in the late Qing logically become academic topic of heated discussion. This legal reform campaigns on more than 100 years ago, scholars are basically positive attitude, that is, although legal reforms in the late Qing compelling in order to maintain its feudal rule of the Government to take measures, but on its objective to promote China's transition to a modern legal system from the traditional legal system, modernization of China's criminal justice system plays a pioneering role. In my view, despite the reform as a whole appears to be immature and sloppy, and subsequently as the demise of the Qing Government was soon failed, but even in this reform in adversity shows China seeking the determination to change. Reform is in order to change the traditional or even break with the tradition, which burst of vitality. Only from this point of view, the late Qing studies on reform of the judicial system is sufficient to the need for us to pay close attention to. Here, try this article places the late Qing reform of the judicial system in the background of prevailing social investigation to determine its rightful place and seek enlightenment to today's China's legal system.This paper is divided into three parts, the first part discusses the reform of the judicial system in the late Qing era, covering the following:Western-introduction of Western capitalist system of Justice for judicial reform in the late Qing laid incentives; backward, barbaric Western powers China's feudal system of Justice as an excuse and with powerful force eventually grabbed in China by consular jurisdiction, serious violations of judicial sovereignty, is the direct cause of late Qing reform of the judicial system; in addition, numerous drawbacks in the late Qing feudal justice system is the underlying causes of late Qing reform of the judicial system. Part two discusses the contents of reforming the judicial system in the late Qing:for the lifting of the Western powers in the consular jurisdiction for judicial reform of the Chinese; late Qing reform in democracies (separation of the judicial and administrative), and the emergence of modern criminal justice agencies; the law of criminal procedure and its value. The third part discusses the reform of the judicial system in the late Qing, specifically:the success of the reform of the judicial system in the late Qing; reform of the judicial system in the late Qing; reform of the judicial system in the late Qing inspiration to our legal system today.Summing up the above, through the analysis of the reform of the judicial system in the late Qing dynasty, prompting us to calm down about how today's judicial reform in China. I firmly believe that the judicial reforms on the road as long as the bold learn from successful experiences of learning from history, and modification of the existing judicial system was reasonable, adhering to the "the dross, and take its essence" purposes, will make our judicial reform to succeed.
Keywords/Search Tags:late Qing dynasty, reform of the judicial system, consular jurisdiction, independence of judiciary
PDF Full Text Request
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