Academic Research On "Company Law" In Late Qing Dynasty

Due to the invasion of western culture, international forces, Chinese internal disagreement in thefield of ideology and culture, peasant revolution storm and so on, the regime foundation of late Qingdynasty gradually lost. In order to save the decadent power and continue its tyrannic dominance, thegovernor must take effective action, including announcing a New Deal, reforming the law, repressingpeasant revolution, strengthening foreign affairs. It is in this social and political condition that the birthof modern commercial law and the movement of its code formation occurred."Company law" of thelate Qing dynasty is China’s first modern legislation practice on legislative history of the company, so ithas the milestone significance. It completes Chinese modern commercial law system, helps the mutualfusion of Chinese traditional legal culture and the world legal culture and paves the way for theconstruction of commercial law in modern China. This period of commercial legislation of late Qingshould not be forgotten. Though it has more or less defects, it is the precious legacy of commercial law.This article is divided into four parts, about30000words:The first part mainly expounds the formation social background of the "company law" in the lateQing dynasty. This part includes:the social demand of "company law" and how company law and someconcepts of company were introduced into China, which is through what channels China knew thecompany and the company law, and the guiding ideology and the process of the establishment of the"company law" in late Qing dynasty.The second part mainly discusses the characteristics of "company law", including thecharacteristics of its content and its structure.The third part mainly discusses the social environment of the enforcement of "company law". Thelife of a Law depends on the specific social environment. It is a good law when it is good to adapt to thesocial environment. This part mainly elaborates, under the social environment at that time, the factorsthat have played an important role in promoting the enforcement of "company law" and the factors thatblocked the enforcement of company law in late Qing dynasty.The fourth part mainly discusses the historical status and influence of the company law in late Qingdynasty. As the first company law in China’s modern history, the basic status of the "company law" isindisputable. The lessons during its formulation and implementation have great guiding significance informulating and implementing company law for today and the near future.