The Research Of The New Judicial Reform In Late Qing

Thispaperattempts to organizea large number of historical data,on the basis of highlights the auspices of the Qing government study and leading role in the overall situation of reform, The whole process is based on an objective point of view of the judicial reform started on late Qing historical background, conduct, content, results, etc.,in order to re-examine and reform of mining experience and valuable contribution to the history of the late Qing judicial reform, which also provide useful inspiration for advancing the current judicial reform.This paper first analyzes the historical background of the late Qing Dynasty and the causesthat make this judicial reformbegain.Including the behindof the traditional justice and the obstructive for development, invasion by foreign powers and jurisdiction are deprived, the introduction of the concept of judicial independence and the receiver, on the powers of extraterritorial promise disclaimer Under the influence of a combination of factors such as misreading, the Qing government started a judicial reform as a part of the new development policies..The second chapter discusses the specific historical evolution of the late Qing judicial reform. Including the promulgation of the decree on judicial reform, the building of the judiciary, a brief summary of the process of comprehensive abolition of the judicial system and the establishment of concrete, and the whole story Buyuan power struggle and the results of judicial reform.The third chapter discusses the contents of the late Qing judicial reform. Including specific legal proceedings and court preparation method and the content and features of the new judicial principles and institutions, including civil and criminal trial separation system, an independent judiciary system, the lawyer system, collegiate jury system, evidence system, four three trial system of trial level system, a public hearing and avoidance system, bail system.The fourth chapter focuses on the evaluation of the late Qing judicial reform. First, the Qing government certainly is presiding role change, followed by the late Qing judicial reform is clearly the beginning of the judicial modernization, the final analysis of the late Qing Dynasty inevitable limitations of judicial reform.Finally, the re-excavation of the the judicial system modernization in late Qing provided useful enlightenment for today’s judicial reform, which is, to continue to foster the concept of judicial independence and have the revolutionary spirit;seeking to draw a balance between the judicial procedures andimpartial justice combinedthe top-level design and synthesis of local innovation and development。...