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On The Transplantation Of The Criminal Procedure Law Of The Qing Dynasty To Japan's Criminal Procedure Law

Posted on:2019-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y S WangFull Text:PDF
GTID:2416330548952064Subject:History of the rule of law
Abstract/Summary:PDF Full Text Request
The pattern of social unrest,major changes have taken place in the hitherto unknown political and other fields in the Qing Dynasty,but the law still remain in the original level,whether legal or law content and practice of misfits.Were forced to open the door in the powers of the guns,China thus become a semi colonial and semi feudal society,the Qing government had to take some action to ease this period of internal and external contradictions.The amendments to the law is therefore put on the agenda,to reconcile the external pressure of Western powers and domestic demand and reform.After repeatedly weighed,the Qing government in the revised criminal procedure law,criminal procedure law mainly follow Japan in 1890,years later in 1906,"the Qing Dynasty into criminal procedure law draft".In this paper,the late Qing Dynasty in the legal transplantation as a clue,based on reference data and previous research,systematically described the reform process of the legal system of this period,and sums up the inspiration and warning of future generations from.In Japan selected for reference direction after the modification of law runs through legal transplant.In the late Qing Dynasty,the introduction of a large number of western legal principles and western legal theory,by means of transplantation,reconstruction of the Chinese criminal law system.In view of this,the author from the perspective of legal transplantation,discuss and Study on the development of "Qing Dynasty criminal law draft" and related issues.This paper is divided into four parts:The first part introduces the law revision formulation of criminal procedure law,choose to Meiji Japan in October twenty-three "Criminal Procedure Law" as the sample of the reason for the transplant.On the one hand,the convenience of the transplantation of the criminal procedure law of Japan,on the other hand,its origin and the statute of the Anglo American law difficult transplantation.The second part describes the development process of the criminal procedure law of the late Qing Dynasty in Japan,transplantation of the criminal procedure law,as the key part of this paper,the author firstly introduces the revised criminal procedure law draft,for the Japanese technology of legislation reference;secondly introduce concrete content of "Qing Criminal Procedure Law draft" transplantation,a series of modern western litigation principles and system introduction,the China c.p.l.became an independent legal department.The third part summarizes the evaluation of the transplantation of the criminal procedure law for the Japanese criminal law,focuses on the analysis of thetransplantation process bring enlightenment,the author firstly expounds the evaluation of Japanese criminal law transplant the amendments to the criminal procedure law draft;secondly,through the criminal law transplant Japanese criminal procedure law,summed up the Enlightenment on the current in our country,and also the reflection on the legal transplantation of relativity.The last part of this paper,the content of the paper are summarized.I hope that through study on the transplantation of the criminal procedure law of Japan,so that readers can appreciate the benefits from the perspective of transplantation.
Keywords/Search Tags:Legal transplantation, Criminalprocedure Law of Japan, Draft law of Criminal procedure in the Qing Dynasty, Appraise
PDF Full Text Request
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