The Law Amendment Of The Qing Dynasty And The Modernization Of The Chinese Legal System

Making of laws in the last years of the Qing Dynasty is all the time one of the pop research tasks of the international academic circle including China, which has important academic and realistic meanings. Since the eighties of last century, especially after the nineties of last century, China's historical researches have developped in direction of divertification﹑multisubjects and multiangles.With this development,the problem of making of laws the final phase of the Qing Dynasty even more takes on these characters, so arises a research upsurge .And apears several new development trends:the extension of reseach scopes .A lot of traditional views are subjected to queries and challenges;a situation of research multisubject emerges;the valuable experiences of making of laws the final phase of the Qing Dynasty are thought highly of by people.Based on the certain acquaintance with the research conditions of the civil and foreign academical circle and following my tutor's advice,I intend to use the theory of social control,the theory of governmental legality,the theory of social transformation and the theory of the overall crisis of social structure of the last stage of Qing to recognize anew the making of laws in the last years of the Qing Dynasty.Making of laws in the last years of the Qing Dynasty is a modern legislative movement which was led by the feudal governing group, which was the first effort to transform the feudal legal institutions into the modern capitalism legal ihstituions.The activity led to the disintegration of China's feudal legal systems. The modernization movement of China's legislations is in a large degree not from the internal forces of Sino Civilization ,but the response to the external clashes of western civilization.During this period ,in China emerged all kinds of activities against the Qing Dynasty's ruling: Kang Youwei and Liang Qichao were earnestly engaged in the activities of building the constitutional government; labor people of lower strata was revolting; the capitalist revolution party extended gradually. In this situation ,the governors of Qing had to take some new measures to cast off the crises.Because the foundations of the traditional feudal legal systems were very strong ,the mew laws was certain to clash with the old laws .The core of the problem was the problem of the Ruling by Ceremony.Making of laws in the last years of the Qing Dynasty has a great significance in the history of China's legal institutions.It made China's legal instituions change greatly from the form to the substance,because of which made the legal institutions of China made a great progress.It built a new modern legal system.