Research On Wu Tingfang’s Legal Thoughts

The government of the late Qing Dynasty and dark decadent, Western powers gunboats thereby to open China’s closed door, the Chinese legal system already facing collapse, the judicial sovereignty destitution exhausted, the Qing government need to be familiar with the west law talents, through legal reform to save the crisis. Wu Tingfang is a bright star appears Chinese modern legal system reform, the reform achievements will shine forever.To explore and study this paper mainly focuses on the late Qing Dynasty amendments to the law during the period of the formation of Wu Tingfang’s legal ideas, this section is the invasion of foreign powers, in real political decay period of history has special historical significance, and the subsequent breeding of Wu Tingfang’s legal thought is unique. Wu Tingfang in late Qing law promotes the drastic reform, this paper from the penal reform, the reform of commercial, litigation and legal reform talent culture four aspects to at the end of the Qing Dynasty, Wu Tingfang’s legal thought main content discussed. In the criminal, he proposed the penalty humanitarianism, innocent presumption of thought and the limit torture thought, changed the traditional Chinese draconian legal criticized; in the commercial, he proposed fair exchange ideas and according to share the thought of separation of powers, presided over the revision of China’s first commercial law, make the market order regularization; in the lawsuit, he proposed litigation auxiliary thought, carry out the thought of the jury and trial advocacy, to change the status quo of Chinese legal system "Dharma co-exist", more creative will the contents of continental law system and Anglo American law system merge with each other. In addition, Wu Tingfang also proposed to cultivate new legal personnel, the creation of the law school, has extraordinary influence on later generations.In the traditional body. By learning to use the pattern of amendments to the law, advanced legal thought can not break through thousands of years to Confucianism is rooted in the heart of every Chinese feudalism. Wu Tingfang by studying effect and legal thought has a strong bourgeoisie legal nature, this is Wu Tingfang has don’t in the sources of other people’s thinking. In the atmosphere of the lonely old injected a breath of fresh. Wu Tingfang both thought and action, dare to want to dare to do, dare to innovate, leave the "historic achievement, and later commented" solemn and stirring. His legal thought from the government of the late Qing Dynasty to the establishment of the Republic of China until the new Chinese was established, was symbolic and representative.History of humiliation has gone, now China is like a round just rising sun, legal system construction also in the rapid rise, we in the study of late Qing Dynasty Wu Tingfang’s legal thought to actively learn from historical experience and lessons, they followed the trend of the times.