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On The News The Rule Of Law In Late Qing Dynasty

Posted on:2006-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q HuaFull Text:PDF
GTID:2206360155960978Subject:Legal History
Abstract/Summary:PDF Full Text Request
The modern legal system of journalism is one of the results of the capitalist civilization in the West. But, in china, it was evolved in the last stage of the feudal society that was being reduced to a semi-colony. Therefore, the modern legal system of journalism in China was the superstructure that was built on the basis of the semi-colonial, semi-colonial, semi-feudal society.In 1900s, the modern journalism was introduced into China, resulting in the conflict between the backward feudal system and advanced modern journalism. With the development of this conflict, the voice of establishing modern legal system of journalism was raised, and was more and more powerful. During the period of the Reformation Movement, the construction of legal system of journalism was put into practice for the first time. But all the efforts were suddenly lost at last. After 1906, "Press Law of Qing Dynasty" and other laws and regulations related to the press were issued for enforcement, marking the establishment of the modern legal system of journalism in China.The laws of the journalism in the latter stage of Qing Dynasty was the achievement of amending laws, and the result of influencing by west judicial ideas and laws too. Although it has the forms of some capitalist national press laws, the content is more abundant, and the key contents of it are the concrete systems of establishing and managing newspapers and periodicals, tabooing items of newspapers and periodicals and corresponding punishment of regulations of violation, etc. But it has not given the people a right and obligation on the freedom of the press, giving the freedom of the press a great deal of restrictions instead. Through the investigation of the legal system of the journalism of latter stage of Qing Dynasty, the legislative motive that the ruling class changed " law of freedom of the press " into " law of news control" are known to all clearly. Its legislative guidelines and spirit are far from the legal spirit of protecting people's freedom of the press. It is not for ensuring speeches, press freedom, not for realizing the constitutionalism declaration that " the multitudinous policy is made know the public opinion ".It is an another tool forImperial Palace of Qing Dynasty attempting to control press office , journalist, and restrain the public opinion. Because of having a great deal of restrictions on the freedom of the press, it can not get the supports of the big wide people. So it lacks the social base implemented in practice, in addition, the law-executor regards purpose as the law, judicial power interfering wantonly by executive power, all of which cause the regulations of the journalism not to be carried out conscientiously in the latter stage of Qing Dynasty.Even though, the foundation of serial journalism laws indicates that the Qing Government was coming to change the traditional methods of quoting autocratic old law to regulate modern newspapers and periodicals, there being laws to abide by to the modern news institutions , and acknowledging the people's right of freedom of the press in fact, these progressive meaning and the merit of the transition to modern journalism both deserve attention.
Keywords/Search Tags:the law of journalism, legislation, judicature, the latter stage of Qing Dynasty
PDF Full Text Request
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