From The Late Qing Dynasty Law Reform See Legal Transplant

After in1840Opium War, the Western big powers strengthened unceasingly toChina’s aggression, causes China, regardless of were in the society or the economicstructure has had the unprecedented change. The numerous scholars under Qinggovernment’s request or own rigid pursue, have started the reform tide, thus had theQing legal transformation movement.In the economy, the Chinese tradition economy is under the impact; In the law,the original manuscript provision of law obscure difficult to understand with manyinsufficiencies; In politics, the class struggle is day by day incisive, the politicalsituation is unstable; Cultural, the western law culture is attacking China’s traditionallaw culture, has highlighted the Western law advanced place under the contrast; Inaddition, the foreign big powers’ invasion, country’s and so on Japan political reformsuccesses, these are reasons of the Qing government law reform.The end of the Qing law reform, has opened for China’s modern legal science’sdevelopment. The Chinese legal science obtains the long-term development, thecomparative law also starts budding. People’s legal idea forms gradually, causespeople’s behaviour pattern to launch under the new legal idea control carries on.In the process of legal reform in the late qing dynasty, the Chinese and westernlegal tradition is like a massive competition, the differences between Chinese andwestern legal emerges: the core of the differences between Chinese and western legalvalue, Chinese and western countries the different ways of management, humannature of good and evil for westerners know different and of different thought patterns,this all have influences on the legal transplant. But in the whole process, and we cansee the fusion of Chinese and western legal both place: China from the traditionalcollectivism to western individualism near, the legislation of the country of Chineseand western values also gradually fusion, China from the traditional legal ethicsgradually moving towards the western moral legalization.Through the end of the law of the reform of the understanding, let we summedup the integration of China in the world how can better legal reference andtransplantation activities. In points clear and passive transplantation, and on the basisof a good grasp of the legal localization, set up the scientific legal transplantphilosophy, adhere to the principle of unified maintaining sovereignty, unity of subjective and objective principle, principle of legal transplant maximization, with theproper way to selective legal transplant, comprehensive look to observe and grasp thehistory of legal transplant line, want to notice at the same time of legal talentcultivation, can let the Chinese legal system has better brilliant tomorrow.