The Reference Of The Draft Of Civil Procedure Law In Qing Dynasty To Japanese Law

The cultural exchanges between China and Japan have a long history of at least 2,000 years,according to documentary records.In the historical torrent of more than 2000 years,the flow of legal culture has been flowing between China and Japan,which mainly formed two peak periods: one period is 630 to 838 AD,ancient Japan imported the legal culture of China in tang Dynasty on a large scale,and created its own famous legal era;The other period is from1900 to 1911.In the late Qing Dynasty,China rapidly imported the legal culture of modern Japan,which started the process of modernization of China’s legal system.In 1905,the Qing Government formulated the Draft Of the Civil Procedure Law of the Qing Dynasty based on the Japanese Civil Procedure Law of 1890 and the Japanese Amendment of the Civil Procedure Law of 1903,and combined with the national conditions of China’s feudal society.Taking legal reference as the clue,this paper briefly discusses the way of legal system reform in the late Qing Dynasty on the basis of reading the relevant historical materials and referring to the predecessors’ research,and extracts and summarizes the characteristics of reference and the enlightenment to the future generations.During the period of law revision movement in the late Qing Dynasty,modern China introduced a large number of western civil procedure legal systems,and promoted the establishment of modern Chinese civil procedure legal system by learning from Japanese law.From the perspective of legal reference,the author studies and analyzes the reasons and related contents of the Draft of Civil Procedure Law in Qing Dynasty for reference of Japanese law.This paper is divided into four parts:The first part introduces the basis of using Japanese law for reference in the Draft of Civil Procedure Law of Qing Dynasty,the historical background of the late Qing Dynasty,the main reasons for choosing to use Japanese law for reference and the preparatory work done by the Qing government.The second part focuses on the analysis and discussion of the draft to the Japanese law of reference content,first introduced the draft to the 1890 Japanese "Civil Procedure Law" reference content;Secondly,it discusses in detail the new system and provisions of the draft for reference to the 1903 Amendment of the Civil Procedure Law.The third part concludes that the draft of Civil Procedure Law in Qing Dynasty has two characteristics of conforming to the trend of The Times and conforming to the national conditions.The fourth part mainly evaluates the Japanese legal reference on the Draft of civil Procedure Law in Qing Dynasty,and focuses on the analysis of the enlightenment brought by the process of legal reference.The author firstly evaluates the Japanese legal reference on the draft,and summarizes the achievements and shortcomings of the reference.Secondly,through the reference of The draft to Japanese law,summed up the enlightenment of contemporary China to learn from foreign law.In the last part,the main content of this paper is summarized and summarized,hoping to bring some thinking and inspiration for promoting and improving the socialist legal system with Chinese characteristics in contemporary China.