At The End Of The Qing Dynasty Heilongjiang Area Judicial Reform Research1906-1920

After the Opium War in1840, the Qing Dynasty Chinese power dream is broken,the country from closed to open, with the western learning spreading to the East,western advanced legal thought was introduced into Chinese, the result is Chinajudicial reform and the modernization of the judicial reform in the late Qing Dynasty,China’s legal system is the first step towards modernization. Although the judicialreform in the late Qing Dynasty is not complete, can not realize the real legal system,but for our today’s legal construction is still used as reference, and the local judicialreform, as an important part of the judicial reform in the late Qing Dynasty,Heilongjiang area is located in the northern border Chinese heavy occlusion, remote,marked the four seasons, winter is long and cold, natural the unique geographicalenvironment. Since the Qing Dynasty as the mainland officials sent and place of exileprisoners, and Russia has long coveted, judicial reform carried out here, has certainrepresentative. The new trial system, modern procuratorial system, modern litigationsystem reform is the legal system modernization of product. Legal reform in such athousands of years of feudal country, not only will not Everything is going smoothly.,also has the very big limitation, but the judicial reform is to explore the process of themodernization of the legal system of Chinese, after the Republic of China judicialreform has a profound impact. In this paper, from the late Qing Dynasty to theRepublic of China initial judicial reform perspective, starting with the judicial reformin Heilongjiang region, the judicial administrative institutions, reform, judicial systemof prison administration, and improved in the early exploration and research of thelocal judicial reform inheritance and development process.Analysis of this paper from the new deal before the start of the judicial system,because the Heilongjiang area is special, Heilongjiang is located in the northern borderChina, located in the desolate remote and sparsely populated. Judicial case are notmany, so by the Heilongjiang general and judicial authority, judicial administration andjudicial not separation. In1896, China and Russia signed the "Sino Russian secrettreaty", the tsarist Russia grabs in Heilongjiang area, the construction of the Middle East Railway rights, the Russian judicial system in railway subsidiary in. Secondly, thejudicial reform in the late Qing Dynasty and the Northeast judicial system reform asthe background, discusses the judicial reform process in Heilongjiang area. Theestablishment of judicial mechanism mainly includes the establishment and thefunctions of judicial personnel, funds, the prison management improvement, School oflaw and politics and law system, judicial modernization process in Heilongjiang area.Third, starting from the judicial system of Heilongjiang area in late Qing Dynasty andthe reform of litigation system, judicial system and litigation system of innovation,division of judicial and procuratorial institution reform, trial, criminal and civillitigation. And the subsequent impact of Beijing government in the early Republic ofChina legal reform. Fourth, the beginning of the Republic of China’s judicial reform ofjudicial institutions and the functions of judicial personnel, funds, prison andimprovement of the lawyer system. After the October revolution, the judicial powerChinese government subsidiary of the railway, cancel the Russians enjoyextraterritoriality. Fifth, assessment of the judicial reform in Heilongjiang region.Through judicial reform in the area of Heilongjiang in the late Qing Dynasty into themodernization of legal effects of judicial reform, the reform of the system alone is notenough, can’t realize the true Chinese legal modernization, also be cognitive from allthat at the end of the Qing Dynasty society politics, economy and legal consciousnessof people at that time as well as the change of, although the local judicial reform in lateQing Dynasty have great limitations, but after all, is Chinese from traditional feudalcountry into began to modern legal country, also made some achievements in thereform. People’s legal consciousness enhancement, which is worthy of affirmation.And for the judicial reform today has certain reference function.