Qing Dynasty, national affairs was hard, the regime in a precarious, had to seek a way out. And in many straw, the Qing government has recognized the reform of the political system is the most pull through, but also the most able to meet the various demands of the various forces at home and abroad policy must be. Thus, in order to learn from the West is characterized by the modern Chinese legal system began for the road, Shen law minister to take up this and other repair modern China Codification work. In many of the Code among status "Qing Civil draft law" special. Since neither the difference between the ancient Chinese substantive law and procedural law in the strict sense, there is no criminal proceedings and civil proceedings of the points. Therefore, the introduction of the draft is undoubtedly a landmark, whether it’s to develop the concept or its conclusions and its chapters legal terms, mostly adhering to the Code of the West or Japan and doctrine. Refinement of its content, we know it to develop more sophisticated. Unfortunately, even before it is enacted, the Qing government would collapse, and did not give it the opportunity to test. However, after the establishment of the Republic of China, Nanjing Provisional Government, the Beijing government had work during apply it. This is indicative of its formulate ideas and develop quality has been recognized by the successor government. Because it is in the Late Qing this particular historical juncture, because it is in the Chinese legal system crashes successor to the Western legal system into China’s special legal barrier, because it applies to the Republic of China shall apply to make up for its Qing regret. Because of its special status and role play. "Great Qing Civil draft law" is worth studying. |