Qing Dynasty Law Transplant: The Beginning Of The Modernization Of The Chinese Legal System

The latter Qing dynasty law transplant is in under the inside and outside agent synthesis impetus, the Qing government in order to take back the consular jurisdiction, pulls the building to lean but launches. It take the western law as the pattern, in aspect and so on content, style, principle, system has basically imitated the foreign law, has formed take "the six legal codes" as the base dry law frame, has introduced in the western modern times legal system civilization crime legal, the penalty humanitarianism, the judicature alone at once principle of legality and the system. Looked from the legal system modernize real diagnosis determination standard and the value determination standard two aspects that, First, the latter Qing dynasty law transplant has realized from the tradition "by the punishment primarily, the various method syntheses" the legal framework turns towards the modernize gradually the family rules and regulations system development transformation; Second, the latter Qing dynasty law transplant urges traditional the maintenance feudalism to be despotic, the rank, the privilege and the patriarchal system, the feudal ethics and rites legal system to manifests law value the gradually and so on the government by law, democracy, equality, freedom new legal system development change. Therefore, we said latter Qing dynasty law transplant has opened the Chinese legal system modernize first step. Although, the Qing government rapidly perishes, has caused the latter Qing dynasty transplant activity termination. However, the Chinese legal system modernization advancement because of but ended by no means, the latter Qing dynasty later various times government the legal system modernize path which will develop along the latter Qing dynasty law transplant continues to go forward (although also has certain historicities to back up). Until now, we also still explored in on the legal system modernization path are going forward, we still needed the legal transplant, this was the legal internationalization inevitably request. But needs to pay attention, the modernization is not equal to the westernization, the native place resources still are the legal system modernization important strut, only then will transplant the law which but will come to carry on "the native place to make", will be the successful transplant. This also is precisely the latter Qing dynasty law transplant importantly makes clear to us.