Judicial System Reform In The Late Qing Dynasty And The Enlightenment

This study is the late Qing trial institutional reform and enlightenment in the ancient Chinese authoritarian regime, judicial and executive powers are one, this system has been followed from the Qing Dynasty to the Qing Dynasty. In feudal China, commodity economy developed, so this system does not apply in the late former larger defects, but to the 16 th century, increasingly developed commodity economy, the dispute has become more complex and Pang, originally responsible for hearing cases of administrative Executive level judicial experience to the extent not fair handling of the case, such a judicial and executive power of unity gradually reveal institutional shortcomings late Qing trial institutional reform changed the past practice, and receive a certain effect, become the Chinese judicial institutions the beginning of reform, but reform of the judicial system of this post is not like the West completely independent judiciary, but is still an administrative system under the leadership of the judicial system with Chinese characteristics. Ancient Chinese authorities fear violent political change will bring social unrest, often take a moderate and slow change, which inhibits the urgent change requires a certain extent. Therefore, the reform of the judicial organ of the late Qing Dynasty is a long and delicate process. Late Qing Dynasty and the trial institutional reforms include: missionaries, students studying abroad officials tried to introduce Western culture; judicial and executive power of institutional unity gradually revealing the shortcomings; the establishment of consular jurisdiction limit the Qing government’s judicial sovereignty. Late Qing trial institutional reforms including setting judicial administrative organs, judicial organs; judicial functions conferred judicial institutions in the form of legislation; implementation of four three-trial system to divide permission Trial institutions; the establishment of specialized judicial training institutions for the trial transportation agency staff. Late Qing trial institutional reform establishes the separation of judicial and administrative judiciary system. The Qing government in the process of institutional reform in the trial of Punishments to the Ministry of Justice, the supreme court and prepared to Daliyuan "Daliyuan trial preparation Law", "The Trial Chamber charter pilot at all levels", "prepared by the Court," and other laws. Reform of the judicial organ of the late Qing Dynasty can be evaluated as it is a form of sense reform, because the lack of real trial late Qing institutional reform economic conditions, while the late Qing lack truly democratic political reform judicial institutions, and the late Qing Dynasty and independent justice system lacks justice rational thinking values compatible. But while the late Qing Dynasty tried to establish a new model of institutional reform judicial institutions of the old and new side by side. The late Qing Dynasty and the Republic of practice after the trial institutional reform and the establishment of an independent judiciary system provided a favorable foundation for the reform of the judicial reform in China today provides a useful reference.