The Study Of Pound's Reform On Legal System Of Nanjing National Government On The Perspective Of Legal Modernization

Pound was invited by the national government of Nanjing to serve as a legal adviser to China and to guide the reform of the legal system.During the time,he through the massive investigation,the Nanjing national government legislation,judicial and legal education reform put forward some opinions and suggestions,provide the theoretical and practical guidance for the reform of the legal system Chinese,and achieved certain results,but there are also some limitations.Based on the China law from the perspective of modernization,the study of Pound in the Nanjing national government legal system reform,analyzes its contents,achievements and limitations of the analysis,which contains the reasons and theoretical logic,thought that the current practice of the rule of law reform in China to provide historical reference.The main contents are as follows:The article is divided into four chapters in addition to the introduction of the background of the topic,the present situation of the research and the related problems of the modernization of the law.Chapter one: Pound's suggestion to the reform of China's legal system.Pound has put forward many opinions and suggestions on the reform of China's legislation,judicature and law education.The legislative emphasis on respect for Chinese culture,the judicial emphasis on the independence of judges and the role of lawyers,legal education emphasis on unity.The second chapter: effect and limitation.Pound's opinions and suggestions have had an important influence on the reform of the legislative,judicial and legal education of the national government of Nanjing.In legislation,we turn to the social standard.Justice promotes the system construction of judges independence,promotes the status of lawyers,and promotes the concept of law education more vigorously.However,due to many reasons such as the conflict between system and culture,there also exist some limitations such as the failure of codification,the formalization of judicial reform and the lack of legal education.The third chapter: the analysis of the cause of effect.This part analyzes from two aspects,internal and external causes,pointing out that the conflict between system and culture,theory and practice is external cause for its internal causes,the social environment of war and the policy of expansionism in the US.The fourth chapter: thinking about the modernization of China's law.In this part,China legal modernization from the perspective of history,will Pound in the Nanjing national government legal system reform in Chinese modernization of legal system,summed up the diversity and local resources of ways to legal modernization in China's modernization of law should adhere to the Chinese characteristics of the rule of law development,handle the reference between the foreign and the native the relationship between the theory of logic resources.