《钦定大清商律》探析法律(非法学)专业论文.docx

PAGE PAGE 3 Abstract The modernization of Chinese legal system is commence with the modernization of commercial law. The commercial law of Qing Imperial which takes effect in 1940, is not only the very first achievement of the modernization of Chinese legal system with profound political and historical background, but also takes the very first step of the reformation of Chinese legal system. It introduces the system such as“The shareholders meeting”,“The board of directors”,“The limited liability system”into China, which causes a fundamental change of the tradition of “combination of laws”,“mixed of civil and criminal law”and physiocracy, secures the capitalist industry and commerce in the late Qing Dynasty,greatly promotes the development of commodity economy in that era. The author seek to explore the historical motive and the progress of promulgation of The commercial law of Qing Imperial through the investigating with sincere attitude and scientific methods,giving brief analysis on the content and concluding with its enlightenment on the modern commercial law in China. With limited talent and acknowledge, the view of this paper could be shallow to some extend, hoping to receive criticism of all kinds. The research ideas and structure of content are as follows: Besides the introduction and conclusion part, the paper mainly divide into three parts. The first part is about the formation of The commercial law of Qing Imperial, carefully researching on the reasons and motivation of legislators from both inside and outside. The outside motivation including the impact from the change of Chinese society and politics to the original legal system; the arising of ideas of?establishing the nation basing on commercial?, ?saving the nation by commercial?; and the appearance and development of the national industry and commerce. The inside motivation include taking back the consular jurisdiction and alleviate the financial crisis. After the motivations, the paper engaging i