A Study Of Jury Legislation In Late Qing

As a uniqueness regime of law in common-law system, the jury system is adopted by other countries and became the symbol of judicial democratization. During the course of the legal reform in late Qing, the jury system of British was transmitted to China and jury legislation became an important part of the first extensive lawsuit legislation in Chinese history. However, it was criticized by the contemporary people and failed to put into effect. The thesis studies the situation of jury legislation in Qing with the existing academic achievement of educational circles and relevant documents revealed recently, achievement gained through describing historiography law and research approach of explaining historiography law. It is not only fill in the blank that aimed to study about the jury legislation of the late Qing in the history of legal system in China, but also favor to draw lessons from history for perfecting the people's jury systems of our country. The thesis includes three parts: introduction ﹑text ﹑conclusion. Introduction "jury system: source and development"introduces the ancient origin of jury system, forming and development of it in Britain, America and continental Europe. Chapter I "Background analysis of jury legislation in late Qing "analyses the historical background of jury legislation in late Qing from four respects mainly: the critical ideological trend in administration of justice, extraterritoriality problems, rehabilitation of dispute about inquisition by torture and the TingFang Wu's influence. Chapter II "System design for jury legislation in late Qing"introduces the basic contents of three respects especially: basic idea of "Draft Criminal and Civil Procedure Code of Qing Dynasty"﹑idea of jurors in the draft and basic content about jury legislation. And through comparing Britain and America's jury system, the part analyzes the obvious style of jury legislation Britain and America. Chapter III "Denounce focus on jury legislation in late Qing"introduces the whole denounce around the draft in detail in this part and analyzed the criticism suggestion about jury legislation of the person at that time by regarding Zhidong Zhang as the model. Chapter IV "Explaining Culture: Destiny and reviewing"introduces the destiny of jury legislation to be laid aside briefly and made more systematic introspection from the aspect of transplanting the law. Conclusion "Move towards future from history"sums up new development of the jury system since the Republic of China originally and looks forward to the future to summarize about it.