The Confucian Factors In The Thought Of The School Of Law In The Late Qing Dynasty

In1902, the late Qing Dynasty rulers announced to reform legislations. On the law itself, the Qing dynasty itself provides for three years, a small repair, five years, an overhaul of the revised law provisions; internal change and development of the late Qing Dynasty of Chinese society demanded to abolish the feudal Five Penalties, to delete the principle of analogy and to change in the structure of the traditional law.However, the complexity of the Late Qing China is that China can't be divorced from the world at that time to develop independently. Since1840, through a series of unequal treaties, the western countries obtained the consular jurisdiction. The subjects of the Qing Empire as well as Chinese people feel the extra shame of loss of extraterritoriality. In1902, the United Kingdom, Germany, France and other countries made a commitment to the return of extraterritoriality. Thus, all interested parties hope to be able to seize this opportunity to achieve the independence of the judiciary.However, the late Qing Dynasty rulers and governors Minister were in controversy for the purpose of the Reform Amendments to the Law. This controversy is concentrated in the event of the Courtesy law battle of latter stage of Qing Dynasty. The Courtesy law battle refers to the Ethic Faction as the representative of Zhang chi dong and Lao nai xuan and as the representative of the law minister Shen jia Ben. The Law Faction proposed that China should substantially introduce Western, modern legal theory and concepts, the use of "nationalism" and other political and legal theory to reform China's old legal system and principles.Obviously, as to Shen Jia Ben, Wu Ting-fang and Yu Lian san, when ordered to amend the new law, absorbed many western legal thoughts, legal forms of codification, as well as penalty names of the judicial process contents. However, it can not be ignored that the Code of the Qing Criminal and Civil Procedural Law, Great Qing criminal proceedings draft, the Qing Civil Procedure Bill and so on also succeeded traditional Chinese law Relatives Stealing Relatives rape, retained the adoptive parents, five Offences and the maintenance of imperial and feudal ethics and legal principles, the application of legal thought. Furthermore, in the process of legal reform, legal send partially absorb the protection of private rights before the law, equality and independence of the judiciary thought of Western jurisprudence. They also inherit the use of traditional Chinese culture, the spirit of statecraft and national view of the policy core of the "benevolent" and "rule by virtue".