Chinese Traditional Legal Procedure, Rational And Form Research

Legal codification in recent years has been a hot topic in our legal life. Many scholarsof sectoral laws, especially civil and administrative law scholars are keen to focus on thisissue. Theoretical jurisprudence on the legal codification of the reaction does not seemparticularly strong, systematic research results from the legal point of codification is alsorare. This paper attempts to in-depth study from the legal codification of the tradition,reason and form three aspects of historical clues to the formation of statutory law from theancient Chinese tradition reasons, manifestations and historical significance to start,develop to the heyday of the feudal Codex, until the collapse of the late Qing DynastyChina and France Department, began to learn the modern codification of Western civil lawalong this historical development, combined with the background, combing the traditionalChinese form of law change.Amendments to the Law in the late Qing Dynasty historical cutoff point, the Chinesebegan a legal modernization. Modern Codex has its inherent theoretical basis for itsperfect form of expression. Modern technology does not mean Westernization, we mustfrom their own reality, based on their own national conditions, to establish a modern legalsystem compatible with Chinese social conditions and circumstances mode. Codex is not apanacea, it also has its own drawbacks, the combination of Western legal culture is not theonly driving force to develop its own legal system, we should have their own unique pathof development and ways, that is, from our country’s own economic, political find innerfoundation and impetus to the development of legal modernization, cultural and legaltraditions, the state Law and other informal method origin to suit our national conditionsto build our own legal system of modern schema. This thesis is divided into five chapters,each chapter are summarized as follows:The first chapter described the history of the statute law of the ancient Chinesetraditions and Western Codex Chinese traditional legal form. In the first section of this chapter, the authors investigated the activities of the Legislative Amendments to the Lawof the various dynastic history, based on analysis of the characteristics of codification style,and then try to analyze the reasons for the mode of codification of such legislation and abrief overview of it the major historical significance for the commencement of full-textprepared. The second section analyzes the impact of modern Western Codex of the lateQing Dynasty of China’s legal system, the gradual acceptance of advanced legal culture,the transformation of the traditional Chinese legal structure.The second chapter is a comprehensive and systematic analysis of the intrinsic theoreticalbasis of the written code. Respectively, from the ideological foundation, the three differentfacets of the tool properties and authoritarianism-depth analysis of the characteristics ofthe modern codes. The first section from the aspect of thinking dates back to the WesternSchool of Natural Law theory, it is the basis of the value of the codification movement,also had a positive impact on China’s legal development. Section II describes the Codex isa tool of social transformation properties, the country’s politics, the rule of law, theeconomy will generate a huge role. Section III turn analysis of the authority of the Code isdiscussed in detail Codex authoritative connotation and conditions constitute authoritative.The third chapter discusses the characteristics of the external form of the code of law.This chapter is divided into three. Section I Analysis of the legal system in the form ofconstruction, the formalism is an important feature of all modern codes, Section IIdescribes the legal interpretation of the causes and the role of judges in the interpretationof the law, and explain the problems that arose in practice for the current law, we need tosound interpretation of the law and legislative oversight mechanisms. Section III-depthanalysis of the Codex to the use of "syllogistic reasoning, the use of the reasoning processof case-specific analysis of civil law judges in the judicial practice and specific methods ofoperation.The fourth chapter is the full text of the final chapter consists of three parts. The firstsection of the rational choice model of China’s legislation in the context of globalization,in the following by the transplantation of foreign law to pay attention to the localizationproblem. The second section is illustrated in accordance with national conditions and inthe codification of legislative mode, as well as customary law and case law two legal form, they can very well make up the defects of the codification of legislative mode. Section IIIfor the inherent defects of the Code, based on reality, to build the modern legal system inline with national conditions and the actual.