Research Of Dynasty Imperial Qing Business Law

The modernization of Chinese legal system is commence with the modernizationof commercial law.<The commercial law of Qing Imperial> which takes effect in1940, is not only the very first achievement of the modernization of Chinese legalsystem with profound political and historical background, but also takes the very firststep of the reformation of Chinese legal system. It introduces the system such as“Theshareholders’ meeting”,“The board of directors”,“The limited liability system”intoChina, which causes a fundamental change of the tradition of “combination oflaws”,“mixed of civil and criminal law”and physiocracy, secures the capitalistindustry and commerce in the late Qing Dynasty,greatly promotes the development ofcommodity economy in that era. The author seek to explore the historical motive andthe progress of promulgation of <The commercial law of Qing Imperial> through theinvestigating with sincere attitude and scientific methods,giving brief analysis on thecontent and concluding with its enlightenment on the modern commercial law inChina. With limited talent and acknowledge, the view of this paper could be shallowto some extend, hoping to receive criticism of all kinds. The research ideas andstructure of content are as follows:Besides the introduction and conclusion part, the paper mainly divide into threeparts. The first part is about the formation of <The commercial law of Qing Imperial>,carefully researching on the reasons and motivation of legislators from both insideand outside. The outside motivation including the impact from the change of Chinesesociety and politics to the original legal system; the arising of ideas of‘establishing thenation basing on commercial’,‘saving the nation by commercial’; and the appearanceand development of the national industry and commerce. The inside motivationinclude taking back the consular jurisdiction and alleviate the financial crisis. Afterthe motivations, the paper engaging in presenting the details of the legislationprogress and giving the whole picture of the progress.The second part is the concrete content and review,which include the main pointof this paper. The two part of <The commercial law of Qing Imperial> are beingexamined respectively:<General business rules of commercial> and <company rules>which are similar as the general provisions, are mainly about the structure and clauses. Deeply reviews are given both from the perspective of ‘groundbreaking’and ‘defect’.The positive view is its acceptance of the principle of the equality of positions of allparties and self-autonomy; inherent the limited liability system from the continentallaw system, construct the operating model of modern corporations, a brand new legalsystem formed. The defects are mainly about lack of support of civil theory, rougharrangement and classification, non-scientific of system design and not obliged in thepractice. After that, combined with <The commercial law of Qing Imperial> and itshistorical background again, the author try to dig the reason of all the defections,however insist a pro attitude.The third part is about the enlightenment <The commercial law of QingImperial> gives to the modern commercial law. Basing on the defections in thesecond part,the paper leads to the inspirations, which is we should take initiative toget adapt to the development of the commercial economy, formulate relativecommercial laws in a scientific and caution conduct, based on further study of lawtheories, address the localization during the modernization progress of law.