Analysis Of The Modernization Civil Law In Meiji Period Of Japan

In the process of modernization of the Japanese legal system, the modernization of civil law is the most representative. Early in Meiji period, the Japanese government started to compile Civil Code. But the old Civil Code were strong objected when it is submitted to Parliament due to excessive imitation of the French Civil Code, and it triggered a fierce Codex Controversy. Codex Debates resulted in the abortion of the old Civil Code. Since then, the Japanese government established the Codex boar of inquiry to modify the old Civil Code, finally the government promulgated the Meiji Civil. The "Codex Controversy" and "the establishment of the Meiji Civil were important events in the process of modernization of Japan, This paper aim at introducing the course of the modernization of Japan, the main purpose is to introduce the controversy to the Civil Code, how to draft the Meiji civil law, and then we will ponder the issues which related to the modernization of Japan, Finally this paper concluded the important impact of the Civil Law Modernization for Japanese society in transition.This paper is divided into five parts: the first part introduce the development of civil law of Japanese in the feudal period and in the early prior of the Meiji government. In the feudalism period, the institution of Japan is by impacted by the Chinese legal system, the various systems had imitated the ancient Chinese. Japan government still did not stop to learn from China, even to the Japanese Government had implemented the closed‐door policy, this part will help to clearly carding the process of the modernization of civil law.The second part introduce the codification of the old Civil Code, and the social motives of the old Civil Code,it will discuss in two aspects: First, the Western powers signed unequal treaties with Japan for Japan did not have a perfect legal system. in order to Modify this series of unequal treaties and repeal the Western countries consular jurisdiction in Japan, the Japanese government plans to codify the Civil Code; another After Japan is opened the door by the western countries, it saw the advanced system of the west country and the wealthy and strong country, it also speeded up the process of the modernization. Secondly, it introduces the process of the old Civil Code and Paul as the center of the old Civil Code. The third part is the focus of this article, it discusses the Code Controversy which is triggered by the old Civil Code Civil. and it will introduce the essential nature of the of the Civil Code due to the content of the controversy. At last we will introduce the important results of the Codex controversy which is Meiji Civil Code.The fourth part I will invest the modernization of the Civil Code of the Meiji period deeply, Civil Modern transition was rooted in a the unrelated Japanese nationals in the social development of collaborative relationships, the sense of competition and utilitarian thinking so fast; another Japanese nationals had awareness of the crisis, amoeba‐thinking and imitate characteristics, these all promoted the process of modernization of the civil law, the Japanese were good at learning advanced legal system and transplanting. Finally this paper elaborated the significance important in the Modernization of Japan, for Japanese society in transition. It is not only the Japanese legal westernized try also played an important role in the Enlightenment, and as well as to maintain the stability of a society in transition.Through the analysis of the literature and information, and summaried of previous studies of the scholars, and it recognize the Modernization of Japan. This paper will strive to explore the underlying causes of the modernization of law and this development play an important role in the Japanese society.