The Effect And And Significance Of Modern Japanese Legal Translation On Chinese Law

After the Opium War,learning from foreign countries and introduce modern culture has become the consensus of many people with lofty ideals.Especially after the Sino Japanese War of 1894,many people thought that Japan’s victory was due to the popularity of modern education and practice of the rule of law,because Japanese is similar to Chinese,so it is easier to learn;The Japanese have deleted the nonessentials in western law books;China and Japan have similar local customs and customs,so it is easy to learn from Japan.Sent students to study law and politics in Japan.During the period of studying in Japan,Chinese students studying in Japan earnestly absorbed western advanced "thought nourishment",they organized translation societies,actively participated in translation activities of Japanese legal works,in order to disseminate western progressive legal thoughts to the Chinese people.After returning to China,some of them entered the legislature and participated in legislation,some became the codifier of textbooks,newspapers and magazines of the law,some became the teacher of the school of law and politics.But the translation of modern Japanese legal works was the premise of their work.In addition,the reform of laws and provisional constitution making in the late Qing dynasty,and the Republic of China "six system" for the construction of legislative activities,the translation of Japanese law and legal works was preparatory work.So a large number of Japanese legal translations were introduced to China.In this paper,through the classification of translation department law category,author,content,publishing institutions arrangement,further analyse Japanese legal translations how to affect the formation and development of jurisprudence and the evolution of schools of law of China.The important influence on the establishment of constitutional monarchy and the relevant theories of each department law.Several Japanese translations compared with legal writings written by modern Chinese,reaching a conclusion of the Influence of teacher-student relationship on Chinese law.This paper is divided into the following six parts:The first part mainly introduces the research background,research status,research methods and research structure of this paper.The second part mainly introduces the origin of modern Japanese legal translation and study on the whole.Including the background and situation of studying in Japanese law,legal activities after returning home and translations these activities generate.Also,this part makes a systematic investigation on the number of translations of each period and the press.The third part mainly introduces the influence of Japanese law translation on Chinese jurisprudence,including the input of related concepts,the evolution of schools of law and the influence on the works of modern Chinese jurisprudence.The fourth part mainly introduces the influence of Japanese legal translation related theories to China constitutional and administrative law,civil law,criminal law and international law.The fifth part mainly introduces the influence of Japanese legal translation on Chinese judicial system,including judicial ideas and evidence system and procuratorial system etc.The sixth part summarizes the power,mode and effect of influence of Japanese legal translation on Chinese law.