| Commercial Legislation of Late Qing Dynasty was the first legislation practice, which had the significance of milestone in modern history of China. It had matured Chinese modern law system and conduced to the fusion of Chinese conventional law culture and international law civilization. It also had laid a foundation for the Chinese commercial law construction. People should not neglect this history and it could not be evaded. Commercial Legislation of Late Qing Dynasty had left behind precious bequest for posterity. The study of this history will help to Chinese commercial law construction nowadays.At present, the study of this problem is relatively weak on the basis of materials I have mastered. Papers on this problem are precious and rare as phoenix feathers and unicorn horns. No treatise has been published, study of this problem only appeared in some treatises of Legal System History and Chinese Modern History, such as Zhang Jinfan's Chinese Legal System General History, Li Gunlian's The Science of Chinese Law in Twentieth Century and Zhu Yin's Economic Policy and Reformatory Measure in Late Qing Dynasty.This paper has made a synthetic review about this legislation practice. It included five parts that the origin, legislation practice, primary legislature, legislator and executing agency, actual enforcement, characteristic and localization, influence and realistic meaning of Commercial Legislation of Late Qing Dynasty. We can find a good many rules from this history such as rationality and inevitability of the appearance of Commercial Legislation of Late Qing Dynasty, and complexity in the actual practice.I tried applying the method of science of law, history and sociology to the comprehensive analysis of Commercial legislation of Late Qing Dynasty. It will help us to probe deeply into the success and failure of this legislation history. For example, I've applied science of law and sociology to inspect the dynamic and static state of it, and drawn a conclusion that the statute commercial law of late Qing dynasty had offeredoriginal version for later regime. Through study, we also can find the history of Commercial Legislation of Late Qing Dynasty affords us this enlightenment: Law could not go into effect itself without people's active execution.Now, China have acceded to WTO, we should utilize this golden opportunity that reality offers us and draw lessons from history to transplant external commercial law achievements in a planned way, then perfect Chinese commercial law construction and quicken the step of rule by law in China. |
