Discuss The Changes Of The Relationship Between Etiquette And Law In The Late Qing Dynasty

At the end of the Qing Dynasty,the current situation was turbulent,in order to save the country's crisis and bring the Chinese traditional legal institutions into line with the western legal system,the late Qing government set off a radical legal reform.The legal minister responsible for the revision of the law in the Qing government boldly introduced the western modern legal institutions,adopted the bourgeois legislative principles,carried out a thorough reform of the traditional old-style law,so that it had a great impact on the relationship between etiquette and law in the traditional legal institutions.It leads to the separation of etiquette and law.It had a profound impact on the development of the modern legal institutions in China.This paper used the methods of law and historiography to discuss the changes of the relationship between etiquette and law from four parts,The purpose is to dig deeply into the context of the evolution of the relationship between etiquette and law in the late Qing Dynasty,to trace the trend of the relationship between the traditional etiquette and the law,to analyze the reasons leading to the separation of the etiquette and the law and its great influence on the development of modern Chinese legal institutions.in order to provide a useful reference for the construction of contemporary legal system.the first part is an overview of the relationship between the Chinese traditional etiquette and law,introduce the concept and origin of etiquette and law,and the evolution of the traditional relationship of etiquette and law in China.The second part,Discuss the content and performance of the change of the relationship between etiquette and law in the late Qing Dynasty.This paper discusses the separation of the relationship between etiquette and law from two aspects change of the legal institutions and the legal thought.This paper mainly introduces that in the course of the reform of criminal law and procedure law,the new law abolished the stipulation of etiquette,adopted the western bourgeois legislative principle,no longer regarded etiquette as the supreme legal principle,and changed the relationship of the unity of etiquette and law in the traditional legal institutions.Led to the separation of etiquette and law.The third part,introduced the reason of the change of the relation of etiquette and law the late Qing Dynasty.Separately from the social economy,ideology and culture,politics and diplomacy many factors to analyze the reasons for the separation of etiquette and law.It is emphasized that the natural economic base of China's self-sufficiency has been destroyed and the traditional legal institutions can not satisfy the new relations of production is the fundamental reason for the separation of etiquette and law.The forth part,introduced the influence of the change of the relationship between etiquette and law in the late Qing Dynasty and evaluates it.In order to clarify the point of view in this paper,That is to say,the traditional legal institutions which regards etiquette as the supreme legal principle has been unable to meet the needs of the times,and the traditional relationship between etiquette and law is bound to be separated.The replacement of traditional legal system by modern legal system is in line with the trend of history,is the need for Chinese legal civilization to integrate into the world,and is the inevitable choice for the development of historical process.