Research On The Civil Law Transplanted From Japan To China During Late Qing Dynasty

During the late Qing dynasty, China became semi-colonial and semi-feudal society under the the cannon of the west forces, Facing the stress from home and abroad, the late Qing government have no choice but to make plan to revise the law.At the same time Japan became a developed country due to the revising of the law.After deep consideration,the late Qing government finally chose his neighboring country Japan as the law importing country.The Qing civil code was finished under this background,though it was not carried out, it made great siginificance for the legislation of the later civil code.The draft of Qing civil law could be finished in such short time, the Japanese scholar Matsuoka Yoshimasa played a great important role in it.He drew up the draft of Qing civil code based on the Japanese Meiji civil code.Therefore, it can be easily to find that the former three parts of the draft transplanted from Meiji civil code,even it can be said that the Meiji civil law is the mother of the draft of Qing civil code.Studying on the history of the transplanting of the draft of Qing civil code from the Meiji civil law will give us some reference to making of the present civil code in the experience of law legistlating skillls and methods.There are four parts in this paper.The first chapter mainly talk about reasons and the revising background of the draft of Qing civil code and the related questions about legal transplation.The second chapter is to explore the reasons why the late Qing government chose Japan as the civil law transplanted country.The third part analyses the the specific content of Qing civil law from Japan Meiji civil code.The last part is the evaluation and the enlightenment of the Qing civil code transplanted from the Japan Meiji civil code. And useful experience we have learned from the history for the legistlation of the present civil code in legislating skillls and methods.