| Under the judicial reform of thunder rain in the late Qing Dynasty, some of compiled code with the Qing Dynasty has been enacted subsided. Beginning of the republic of China, the national fluctuation under the new political system began to implement democratic republic country. Natural law as the primary. In to good and bad are intermingled around the enacted law, the judge, judicial verdicts of old and new fuzzy unprecedented problems. For the study of the late qing and early republic judicial practice judicial judgment from the tradition to the modern transformation provides a valuable stamp.This article mainly jiangning judicial records as samples, to study the process of modernization in the late qing and early republic judicial judgment practice. Jiang ning judicial records in real estate disputes, debt disputes, dispute that we can see that the Chinese and western cultural differences brought about by the judicial practice problems: common law, mediation, face problems, the method of the clan, the settlement problem, funds, etc. The good news is, the standardization of judicial documents, obvious difference with the Qing Dynasty. The judge in the specific case with the method of legal argumentation and reasonable argument parallel won the social effect and legal effect of the equilibrium point. New way of the referee into old sense change innovation also brought in the late qing and early republic judge judicial judgment.Don’t become a family law by habit forms evolved into the written specification shows the judicial practice in accordance with the increased awareness of the referee.Jiangning judicial files about property disputes judicial referee examples reveals that the Qing Dynasty of jiangning civil judicial referee change features:from custom specifications to the legal entity change; Transition from civil mediation to the judicial referee’s program; Shift from duty standard to right standard value. |
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