Departmental Bulletin Paper 認識、接納與引進 : 歐陸法制對晩清政府法律改革的影響(1906-1911)

何, 志輝

文部科学省グローバルCOEプログラム 関西大学文化交渉学教育研究拠点
This paper examines the impact of civil law system on modern China legal reform. The adontion of the civil law system in modern China began in the late Qing Dynasty. In order to reform the judicature, the Qing government transplanted the western laws on a large scale, especially the laws of Japan. There were an umber of factors involved foreign,social, cultural, political, and legal. On the whole, it can be summarized as two major aspects. On the one hand, the western civil law codes had apparent advantages, and Japanese law system has achieved great success, caught a high degree of attention of the Chinese intellectual circle at the time. On the other hand, through a wide range of translation, introduction and education, civil law system was widely noticed and exerted a great influence, with the help of Japanese legal experts were hired by the late Qing government. The late Qing efforts to adopt the continental law system had an important and far-reaching impact on the development of legal system of Republican China by the initiatires of Nanjing government.

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