Analysis And Historical Review Of New China Legal System Modernization

The first chapter discusses the backdrop of Chinese legal modernization; demonstrate Chinese legal modernization come into being in the process of learning western. From legal system reform in the late Qing Dynasty, China law system reform to western complete, and after influent by USSR' s legal modes, Chinese legal modernization have appears distinctive character: for example from receive passive to active choose; use for reference western legal modernization' advanced experiences to build socialism law system of Chinese characteristic; law modernization' start-up mode is legislation dominant mode; Afore law system reform and law ideal update behind, ideal fields struggle sharply etc.The second chapter discusses mainly progress in the rule by 1 aw in new China can be roughly divided into four stages. The first stage is the period between October 1949 and June 1957 when the rule by law was set up. This period witnessed great progress in legislation. Judicature, as well as in education and Study of law. There were elements of" left" errors and nihilist view of law, though. The 2nd stage is from 1957 to 1978,from the "anti-rightist" movement in 1957 to the outbreak of "cultural revolution" In 1966, a period of hardship in construction of legality when the Party's "policy" functioned as the law. The period between 1966 to 1976 is a time of complete destruction of China' s legal system. After 1978, especially during the 20 years of reform and open-up to the outside world, is a period of glorious victory of the law marked by a great leap forward in legislation and tremendous achievements in education and research in socialist law.In the third chapter, though we learn the modernization of law system acquires some achievement, it still have limitations, especially suffer unfavorable influence, so we should accept these lessons and absorb experiences in the following periods of the legal construction, we must go ourselves rule by law modernization roads of Chinese characteristic.In summarize, law system modernization have hundred years history in china from legal system reform in the late Qing Dynasty. This courses involve many great politic affairs and many economic culture society problems, and its verycomplicated. Now, rule by law and build socialism legality country have become important composes of socialism modernization construct. So combine homeland reality, especially we must active quest for the great problems process in the legal system modernization and make law bring into play a role in our social living.