The Communication Of Modern Legal Thought By The Eastern Miscellany(1904-1928)

After the Opium War,China began to be invaded by the western powers,the national crisis was deepening day by day,and China’s legal crisis was also becoming increasingly prominent.The western powers obtained consular jurisdiction through unequal treaties,which violated China’s judicial independence.Western legal ideas were introduced into China during this period,which impacted the traditional Chinese legal system.With many domestic social contradictions and the traditional legal system unable to adapt to social development,Chinese people of insight put forward the idea of reforming the law.The Eastern Miscellany is a highly influential publication in modern times.The editorial group keenly recognized the necessity of China’s legal system reform,paid close attention to the process of China’s legal system reform,published a large number of Chinese modern legal system and introduced western legal thoughts.The journal was founded in Shanghai,where Chinese and western cultures meet,where advanced intellectuals gather,so that it has the social environment for spreading modern legal thoughts.Through the columns of internal affairs,Chinese events and laws,the journal pays attention to the legal reform in China and elaborates on the conception of the rule of law and constitutional government in China.Through the columns of foreign memorabilia and new trends in the world,it publicizes the western legal systems such as constitution,marriage law and labor law,publicizes the western constitutional thought and introduces the authoritative western legal works.Eastern Miscellany’s dissemination of legal thoughts presents the following characteristics.First of all,The Eastern Miscellany aimed to save the nation and survive.During this period,the theory of saving the country by constitutional government prevailed,and the constitutional system accounted for a large proportion.Secondly,the editor-in-chief group holds the position of freedom and has an objective attitude towards Chinese and western laws.Third,attention should be paid to publicizing legal systems and theories.He introduced more modern legal system and paid attention to the introduction of advanced legal theories.Eastern Miscellany has a large circulation,a rich group of subscribers,and a wide distribution range at home and abroad.It has a strong social influence.From its founding in 1904 to 1928,it published a large number of modern legal articles,broadening the scope of influence of modern legal thoughts.At the same time,it publicizes modern and advanced legal works,which is beneficial to promoting the introduction of western legal books.He paid close attention to the constitutional issues of China,and twice published special journals on the study of laws,providing space for the discussion of the constitutional issues of modern China.It should be said that Eastern Miscellany has made some positive contributions to the dissemination of modern law,but as a comprehensive magazine,its dissemination of legal thoughts is lack of systematization and stability,and there are still some limitations.