A Study On The Absorption Of Procedure Law From Japan In The Late Qing Dynasty

In the late Qing Dynasty,under the rule of the government,the traditional feudal autocratic system has been facing collapse politically.Economically,with the development of capitalist economy,more and more civil and commercial disputes have arisen.The traditional legal system of "criminal and civil indiscriminate" in China can no longer meet the needs of social development.With the help of Japanese legal scholars such as Matuoka Yosimasa and Okada Taro,China has formulated civil,criminal,commercial and procedural codes of modern significance in a few years.Although the formulation of procedural laws in the late Qing Dynasty was only a small part of the revision of laws in the late Qing Dynasty,many laws did not come and be implemented,but the laws formulated in this period became the blueprint of procedural laws in the later Republic of China,which had a far-reaching impact on the development of modern procedural laws in China.Up to now,most of the previous articles are about the substantive law promulgated in the late Qing Dynasty.The research on the procedural law,especially the procedural law which has not been promulgated and implemented,only involves part of the article or is combined with the procedural law of the Republic of China.Starting with the lawsuit law formulation in the period of law reform and revision in the late Qing Dynasty,this paper mainly analyses the reference of lawsuit law formulated in the late Qing Dynasty to Japanese law,with a view to finding experience for the development of modern Chinese law from the formulation of lawsuit law in the late Qing Dynasty.This paper is divided into five parts.The first chapter discusses the reasons for the formulation of the procedural law in the late Qing Dynasty and Japan's adoption of the law.This part clarifies the formulation of procedural law in the specific historical background of the late Qing Dynasty.Jurists represented by Jiaben Shen began to realize the important role of procedural law system by learning from western law.By employing well-known Japanese jurists as legislative technical guidance,the process and main results of designating criminal and civil procedural legal system based on Japanese procedural law are elaborated.The second chapter discusses the criminal and civil procedure rules before the lawsuit law was enacted in the late Qing Dynasty.The third part elaborates on the reference of the formulation of the Criminal Procedure Law in the late Qing Dynasty to Japanese law.This part elaborates that the Criminal Procedure Law of the late Qing Dynasty imitated the basic procedural principles established in Japan's Criminal Procedure Law of 1890 and the provisions of the criminal procedure system of the late Qing Dynasty can be used for reference in Japan's Criminal Procedure Law.The fourth part discusses the basic procedural principles established by the Civil Procedure Law of Japan in the late Qing Dynasty and the influence of the Japanese Civil Procedure Law on the system design at that time.The fifth part discusses the Enlightenment of the revision of laws in the late Qing Dynasty to the formulation and perfection of China's legal system.In modern China,from the translation of a large number of western legal works to the training of professional legal talents,from the formulation of the New Criminal Law of the Great Qing Dynasty to the establishment of the modern legal system,Japanese legal thoughts influenced all aspects of the reform of law revision in the late Qing Dynasty.Although the procedural laws enacted were later put on the shelf and not really implemented,it is undeniable that these procedural laws have broken through the shackles of traditional Chinese legal forms.With the theoretical support of Japanese jurists,China finally tried to get out of the shackles of the backward legal system,took the first step towards the modernization of law,and gradually established a modern legal system in line with the world.The purpose of studying modern Chinese law is to correctly understand how law develops and changes to form the present law,and its position and value in the progress of society,so as to grasp the objective law of law development.In the late Qing Dynasty,the successive failures of the reform and the strangulation of advanced legal systems warned today's legal scholars that the transplantation of laws should be based on the national conditions and the introduction of advanced ideas was good,but it was difficult for the law to blossom brilliantly without suitable soil.