A Study On Fan Shan’s Official Document

It reflect legal reform in the late Qing Dynasty and the provincial judicial practice as the center based on the Fan Shan’s Official Document,around the transition period of "change" and "no change","new" and "old" between the conflict and the theme of communication.From the concept and effect of legal reform in the late Qing Dynasty,officials at the provincial level monitoring and guidance to local lawsuit,the provincial judicial practice mode and concept,as well as the judicial style for the boycott and accept the Western influence and other aspects of the in-depth analysis.In the changeable era,Fan Zengxiang’s rich experience,for its "know worldly wisdom" laid a foundation.Fan Zengxiang’s judicial practice mainly divided into two department,state and provincial two stages.State judicial experience laid the foundation of his "clear and decisive" style,The provincial level brought him different judicial view,with the experience of the states have the connection of causes and effects,there are obvious differences.In the face of the impact of western legal system,culture,Fan Zengxiang attempts to reconcile Chinese and western civilization.His solution is to study the western system,but try to put it into the Chinese traditional ethics order.On the processing method and thinking of lesson plans,Fan Zengxiang this effort is more obvious.This notion determine his attitude to the implementation of specific reform measures,also made him inevitably into more unable to solve the contradiction.Fan Zengxiang in period of change for the traditional judicial to cling to,first of all reflect a group of words of counties monthly report book of legal cases.Fan Zengxiang batch word represents the provincial officials in the Qing Dynasty to state supervision and guidance of legal cases,he,to the requirement of legal cases copies can be summarized as the form of "ace" and essentially "veteran".Monthly legal cases of the system in the late Qing dynasty mostly become a mere formality,reflecting the late qing dynasty to the weakening of state county local control.Secondly based on the Fan Shan’s Official Document in case of analysis and induction,think Fan Zengxiang represented by the provincial authority of judicial judge in writing,maintenance,efficiency first,etc.On this basis,the Fan Zengxiang judicial reasoning thinking summed up in five aspects.Fan Zengxiang judicial principle,principle and flexibility can be summed up as the combination of law with the integrated use of reason.This paper focused on two aspects of writing.On the one hand,more finely analyzes the reform measures of local practice,in the late of the Qing dynasty through the Fan Shan’s Official Document in consultations bureau for the celebration of the opening,the criminal brouwer and patrol,alternative to the fine reach and rod punishment concrete system such as the difficulties and problems in the process of implementing,showed that the late of Qing dynasty legal system change due to the traditional concept of resistance,the lack of realistic foundation,and not through simple permeates can do it.On the self-care legal cases,on the other hand,state county "selfcare" authority is strictly monitored by provincial officials.Through the case of inductive analysis,summed up by Fan Zengxiang provincial officials for states in the late qing dynasty legal cases guiding and monitoring with the paradigm of thinking.Fan Shan’s Official Document both a limitation and representative.Limitation is Fan Zeng Xiang personally,has its individual and subjective factors;And typical refers to its status and bombarded with paradigm,too people praise highly,imitate.So Fan Shan’s Official Document reflects the new era and contradictions during the period of transition,just like Fan Zengxiang claiming he is a "old-fashioned person" accept the "new ideas",the society as a whole are torn between the " The new age " and " The old ideas ".