The Construction Of Military Legalization In The Late Qing Dynasty And The Early Republic Of China

After the Opium War,China’s military suffered a lot of setbacks and took the lead in reforming the road to learning and emulating Western artifacts and technology.Subsequently,with the growing internal and external troubles,China learned from the West to the political and educational system,and the military field changed from the instrumental technology to the institutional level.Among them,the most notable is the opening of modern military legislation,which has made China embark on the path of military legalization.China’s modern military transformation is mainly reflected in weapons and equipment and military systems.In the legal system,from the end of the Qing Dynasty to the Republic of China,the government carried out a large number of military legislative activities to regulate the army,concentrate military power,and consolidate the rule,and established a relatively complete military law system.This reform of military legalization has certain pioneering features in terms of legislative form and legislative content,and has significant characteristics and important influences.In order to reveal the unique experience of China’s military legalization and present the system conception and practical problems in the course of the process,this paper intends to enter the field of China’s modern military legal system construction from the historical dimension and from the modern perspective.The full text is divided into four parts:1.The beginning of modern military legislation in the late Qing Dynasty.The reform of the military law in the late Qing Dynasty,the reform of the local military system based on the military legislation of the Hunan Army and the Huai Army in the late Qing Dynasty,and the beginning of the naval military legislation and the beginning of the military military legislation.Although this transformation does not have the characteristics of military legal modernization,it constitutes the basis of the military legal reform in the late Qing Dynasty.Later,in the preparation of the constitutional process,the Constitution Outline,the relevant provisions on military power and the establishment of the military service system,is the programmatic regulation of the military basic system in the highest legal form.These changes show that the modernization of the military legal system was already opened in the local military field in the late Qing Dynasty,which laid the foundation for the military legalization of the Republic of China to a certain extent.2.The establishment of the military legal framework by the Nanjing Provisional Government.The military legislation of the Nanjing Provisional Government has already had distinctive modernization characteristics.Although most of these modern legislations have the nature of imitation or "transplantation",they have certain limitations on China’s national conditions;however,it has already involved various levels and fields of the military.During this period,the military legal system has spread throughout the military organization construction,military establishment system,military rank system,military education and training system,military criminal law,etc.,forming a legal framework with modern military law ideas and forms.3.The systematic construction of the military legal system during the Beiyang government.During the Beiyang government,military legislation had undergone major changes in the basis of the military legal system that continued the period of the Nanjing Provisional Government.On the one hand,the field of legislation has been further expanded,and on the other hand,the content of legislation has become more refined.More prominently,the construction of military legalization during this period formed a relatively complete military legal system.However,in terms of form,the military legal system framework of the Beiyang government has a certain continuity to the military law system of the Nanjing Provisional Government,but there are certain breaks in some aspects.It can be concluded that in the guiding ideology of the legal system,the military legal system of the Beiyang government period is between progress and retrogression;the difficulties encountered in the process of implementation and implementation reflect the existence of a certain relationship between military law,social culture and political environment.tradition of.In general,the attempts made by the military legalization of the period in the legal transplantation and the active exploration on the road of legal modernization have important historical significance.4.Comments on the military legalization of the late Qing Dynasty and the early Republic of China.The construction of military legalization in the late Qing Dynasty and the early Republic of China has positive significance for the development of China’s military modernization,but its system creation still has many defects.This is not only manifested in the fact that military legislation is rich in form,but its function or role in the legal system is not shrinking.The military expenditure caused by the military chaos and military legalization under the expansion of military power has caused the vicious circle of the economy to make the construction of military legalization in this period stay at the ideal level.It is also undeniable that the construction of military legalization during this period was carried out with positive and valuable exploration.For example,its military legislative concepts and norms have their own progress.It has accumulated a large amount of practical experience for the modernization of China’s military law and promoted the development of China’s modern military legal system.