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Shendaily And The Western Legal Cultural Diffusion(1872-1882)

Posted on:2012-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:X B SongFull Text:PDF
GTID:2216330338471900Subject:Special History
Abstract/Summary:PDF Full Text Request
As the main disseminators of western legal culture in modem China, missionaries, western businessmen, western staffs and employees, foreign students and peregrinators returned played an important role in book translation and starting modern publication. Among the many routes of transmission, modern press stands out for its the most extensive influence field and the best effect. Consequently, by means of studying modern press disseminating western legal culture, people can make an overall investigation on China's legal modernization. In view of Shanghai as the news distributing centre, studying modern publication in Shanghai becomes indispensable component in researching modern press. Similarly, they must inspect Shendaily when exploring modern publication in Shanghai, because Shendaily is generally acknowledged as the most representative private business publication in modern Shanghai, and even in modern China.It put two column"discuss"and"news"to make comment about laws; quote papers to introduce western legal system, the principal and the idea of western law to local Chinese. In the mean time, Shendaily quoted some vivid law case to enhance the effects. Most importantly, Shendaily made a savage attack on the dark side of Chinese's backward legal system in some events, and this is the premise of the widespread of western legal culture.At its early stage, Shendaily, which spreads the culture of western jurisdiction, is featured by strong epoch and transforming characteristics. What it disseminates are philosophies and principles of late western bourgeois, including Separation of Powers Background, All men are equal in the sight of law, On the presumption of innocence, Lawyer pleading, public trial, oppose against extended custody, etc, those make more compatriots recognize the darkness and backwardness of Chinese traditional legal system and even recognize the necessity and urgency of transforming the jurisdiction of late Qing Dynasty. It makes clear the direction of jurisdiction reform, assembles the strength of advancing the modernization of Chinese jurisdiction, moves forward the procedure of the modernization of Chinese jurisdiction. From which we can get a rough idea of what an important role Mass Media plays in the transforming stage of the society. Apart from that, Shendaily, which takes west jurisdiction culture as its weapon, actively comment jury cases happened in China, arousing huge concerns publicly which supervises the justice of jurisdiction and meanwhile avoid the happening of injustice at huge number. What we also needs to point out is that the spreading of Shendaily at its early stage has strong tendency toward pragmatism. The dissemination and introduction are always lacking of depth and detail. And by its understanding, it makes the mistake of Western Learning Being of Chinese origin. However, we should not scrutinize it and blame it. The prosperity of Shendaily at its early stage in the market proves it adapted to the readers at that time, facilitating our acceptance, and understanding of Western legal culture. Learn west legal cultures what Shendaily spreads in an all-round manner will be helpful for our understanding the historic meaning of mass media in the process of transforming of late Chinese society.
Keywords/Search Tags:Shendaily, Western Legal Culture, Cultural Diffusion
PDF Full Text Request
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