Legal Culture Conlfict Theory Of Judicial Reform In The Late Qing Dynasty

The judicial reform is a unified results driven by the collective power of judicialtransplantation and localization of Justice. Contest game of the foreign legal system and thelocal legal system, all of which can be attributed to the concentration of the externalmanifestation of the conflict in the legal culture, legal culture as part of the national culture ofa region to fully condense the most reasonable of the people of this nation are best adapted tothe legal aspects essence of the culture." Late Qing Dynasty " focus on the1901---191110years time, this time China’s modernization door just opened, the first collision of traditionaland modern choice and struggle, we observe the traditional Chinese and modern concept ofrelationship the most original, valuable information." Judicial reform and the late QingDynasty and faithfully recorded the rapid integration with the absorption of the traditionalChinese legal culture and modern Western legal culture, a strong rejection and collision. Thispaper selects the late Qing judicial reform of this particular historical period, historical events,just want to explore an idea: that the judicial reform and legal culture is how action andreaction and thus influence each other; and thus from the practice of history to find how touse good legal culture is the invisible but powerful hand to promote the contemporary judicialreform realistic proposition.The first part of this paper is an overview of the Judicial Reform in the Late QingDynasty. A reform is not a quick fix from the late Qing judicial reform is no exception, thearticle begins with the first to clarify promote the inside and outside of the Judicial Reform inLate Qing Dynasty, the article to understand the logical place for judicial reform and Leftwith no place more conducive to below for reform inside and outside of compromise andconflict of interpretation. Background to clarify the first part of the main content on thespecific changes introduced reform which settings, the article describes the three reformmeasures of the extract from the performance of a number of reform most typical three-pointreform measures, because these three point change for further elaboration of the legal cultureis how to reform empirical bedding.The second part of the focus from a positive resolution in the judicial reform measureson the underlying legal culture of conflict and collision. This part of the main role is to lead tothe concept of legal culture, digging out the close link between the concept of judicial reformand legal culture, and a detailed analysis of historical data of the late Qing judicial reform.The full text of the focus clearly talk about the contents of this part of the responsible,namely the late Qing Dynasty is behind this historical stage of judicial reform measures cananalyze the legal culture of conflict. To improve the degree of attention to the legal culture inthe judicial reform has research value.The third part is the direction of judicial reform and the specific measures from the sideconsider the legal culture of conflict. Reform paradigm there are two, one for thetransplantation of foreign law model; heritage of local law culture. Two paradigm of choicein different historical periods to show the choices are different, the success or failure of thereform process will be inextricably linked with the choice of the reform model. This chapterfocuses on the effects of legal culture is how to influence the judicial reform in the Late QingDynasty mode selection on the basis of how we should look at two types of reform paradigm,as well as their foothold.Part IV summarizes the successes and failures in the late Qing judicial reforms, based onthe contemporary use of the good first-hand historical material. The choice of the analysis ofhistorical data, difficulties, failures, these problems are in answer to the Chinese judicial ableto adapt to China’s judicial reform process of pursuit of what objectives. In continuousreflection, this paper attempts to use the lessons of history to plan the concept and directionof the future of China ’s judicial reform.