A Study Of Dai Hongci's Legal Thought

Since 1840 the Opium War imperialism opened the door to China,China has gradually become a semi-colonial and semi-feudal society.Since then,the rescue plan has become the theme of the times.In this historical background,this article focuses on the historical figures-Dai Hongci,in order to save the Qing dynasty's death,participated in the reform of the late Qing Dynasty reform,so as to accelerate the modernization of China's legal system played a certain role.In 1905 in December,Dai Hongci to the Ministry of the right side of the identity of the Ministry of foreign affairs,is the "five ministers" in only one of the two Han officials,and with the side together,the rate of delegation to fifteen countries to seek national salvation Recipe,which lasted more than seven months,travel twelve thousand miles.After returning home published his study of the process of preparation of the "nine foreign diary",the rise of the domestic constitutional thought played a certain role,the people from the book more detailed understanding of the Western advanced system.After returning to China,he was repeatedly summoned by the then rulers of the Empress Dowager Ci Xi and the Emperor Guang Xu at the time of the reign of the government,and several times to request the imitation of the foreign advanced system to reform,put forward a series of constitutional proposals and specific reform measures.And then as the late Qing Dynasty in the reform of the system,from the old days of the Ministry of the head of the judicial administration of the first part of the Ministry of Justice and directly involved in the "New Deal",and Shen Jiaben led the judicial affairs of the Da Liyuan both disputes and cooperation,for the late Qing Dynasty judicial reform and even the entire legal system made a certain contribution.However,for such a late Ming Dynasty reform played a very important role in the history of celebrities,the current academic research on him is almost blank,mostly only "mediocrity" as.The author believes that the reform not only requires a macro design,but also need to focus on specific,detailed technical issues,and Dai Hongci is more emphasis on this aspect.Therefore,with the gradual excavation and research of the data,it is of great academic value and significance to carry out systematic research on the kind of people who have made little influence on the modernization of Chinese legal system.This paper consists of three parts:introduction,text and conclusion.The text consists of four or four parts.The introduction mainly introduces the composition of Dai Hongci's legal thought,the research of predecessors and the original intention of choosing this topic.The first part discusses the historical background of Dai Hongci's legal thought,starting from the background of his life and his life experience.First of all,from the political,economic and ideological aspects of Dai Hongci elaborated on the legal background of the times.In general,the study of historical figures is inseparable from the analysis of the background in which they live.So the study of Dai Hongci living background is very meaningful.Secondly,from the life experiences of Dai Hongci,he analyzes the subjective reasons of his legal thoughts.The second part discusses the content of Dai Hongci's constitutional thought in detail,mainly from his foreign journals,prepared books and some memorials as far as possible in a comprehensive and in-depth to dig his legal thoughts.The third part discusses Dai Hongci's judicial thoughts,focusing on his understanding of the separation of justice and administration,as well as the division of authority and the reform of the prison system.The fourth part briefly reviews the historical contribution and its limitations of Dai Hongci's legal thought and its practice,and compares it with the thought of participating in the important elements of the reform of the legal system.The conclusion partially reaffirms the impetus of Dai Hongci's legal thought and legal practice on the legal construction in the late Qing Dynasty.