A Research Of "Tajing Tower Official Correspondence"

In the late Qing dynasty,the Qing court to save his rule,started the reform strives for the survival of the road to change the law.After Qing dynasty,the republic of China has been retained to invoke the Qing civil part of the revision of the old code.official correspondence in “Tajing Tower Official correspondence”,It is the most direct research data to study the results of the reform of the Qing law and the important research data of the same legal system in different political and economic systems.In addition,“Tajing Tower Official correspondence”,a book reflects XuWenjun's multiple entity characteristic and legal consciousness,it has a great significance for modern judicial construction.First,look from the Qing dynasty law transplant,form is greater than the essence,only consider custom,ignore the economic background,but also the western legal copy,no localization operation,caused part of the law essentially meaningless.Second,XuWenjun vigorously promote " appeasement " prevent litigation flat one way,for modern justice has a positive significance.The positive development of our country civil mediation system,strive for in the parties in the case of voluntary issued in case of agreement,this is not only beneficial to saving judicial resources,improve the efficiency of litigation,and conducive to the parties to fulfil the agreement of the mediation agreement voluntarily,and more conducive to maintaining social stability and harmony.Moreover,Has been in pursuit of e " love ","reason" and "law" between equity as the highest goal of case,show that in traditional judicial practice,the magistrate will be on the basis of the law into the unreasonable factors,make the judgement more for people to accept and follow.China's modern judicial practice can also try to highlight the role of reason in judicial practice,so that people can find the best solution to the dispute and feel the temperature of the law?establish legal belief.By studying “Tajing Tower Official correspondence” reflects the characteristic of case culture and judicial idea,can understand the Chinese traditional judicial system with the western judicial system,also to the modern China's construction of socialist legal system with Chinese characteristics by the strong significance.From the book's background,author and content,we can get a general understanding of the background of the book and the alternation of Chinese judicial practice.From "love","reason" and "law" the flat one,prevent litigation techniques appropriate to the characteristics and the analysis of the value orientation of official judicial judgment,then compare the late Qing dynasty,the two different time in the early stage the magistrate manifests the fathers and the harmony of the family consciousness such as judicial idea,and from the book in the light of modern legal terminology and change of attitude towards to explore the changes of Chinese legal modernization,and finally from “Tajing Tower Official correspondence” extract the book to the modern significance of justice.