A Comparative Study On The Legal Reform Between The Late Ottoman Empire And The Late Qing Dynasty

From the 18th century,with the rapid development of western economy and the improvement of comprehensive national strength,the West took the lead in the transformation of capitalism.The expansion of capitalism in the West had an impact on backward countries all over the world.Both the Ottoman Empire and China are monarchical countries with vast territory.The domestic economic development lags behind,the national contradictions are complex,and the management of the ruling class is facing great challenges.In addition to the challenges of western countries to national sovereignty,the two countries have successively launched top-down legal reforms.Focusing on the theme of the comparison of legal system reform between the two countries,this paper first introduces the domestic and foreign conditions of legal system reform between the Ottoman Empire and China,and analyzes the commonness and individuality of the background of legal system reform between the two countries.Secondly,compare the contents and characteristics.The content of the legal system reform of the two countries involves many fields such as constitution,criminal law,civil law,commercial law and procedural law.In the process of formulating the code,we draw lessons from advanced countries and combine their own practice.At the same time,because the leaders of the reform are too conservative,the content of the reform has a certain compromise.Thirdly,it analyzes the progress and limitations of the legal system reform in the two countries.The legal system reform in both countries is a breakthrough in the autocratic system and promotes the modernization of their political system,legal system and legal culture.However,due to the lack of a solid political,economic,social and cultural foundation,there was an obvious conflict between western culture and traditional culture in the process of reform,which led to great resistance to the reform of the legal system and failed in the end.Finally,on the basis of expounding the path of legal reform in the two countries,taking the legal reform in the Ottoman Empire and China as the experience,this paper puts forward some suggestions on legal transplantation in non western countries.In the process of legal transplantation,non western countries should integrate their own political and economic conditions,choose the transplantation law,create a domestic environment suitable for transplantation,and correctly deal with the conflicts between local law and foreign law,traditional culture and modern culture.