从清末法律改革看法律移植-法学理论专业论文.docxVIP

Abstract After in 1840 Opium War, the Western big powers strengthened unceasingly to Chinas aggression, causes China, regardless of were in the society or the economic structure has had the unprecedented change. The numerous scholars under Qing governments request or own rigid pursue, have started the reform tide, thus had the Qing legal transformation movement. In the economy, the Chinese tradition economy is under the impact; In the law, the original manuscript provision of law obscure difficult to understand with many insufficiencies; In politics, the class struggle is day by day incisive, the political situation is unstable; Cultural, the western law culture is attacking Chinas traditional law culture, has highlighted the Western law advanced place under the contrast; In addition, the foreign big powers invasion, countrys and so on Japan political reform successes, these are reasons of the Qing government law reform. The end of the Qing law reform, has opened for Chinas modern legal sciences development. The Chinese legal science obtains the long-term development, the comparative law also starts budding. Peoples legal idea forms gradually, causes peoples behaviour pattern to launch under the new legal idea control carries on. In the process of legal reform in the late qing dynasty, the Chinese and western legal tradition is like a massive competition, the differences between Chinese and western legal emerges: the core of the differences between Chinese and western legal value, Chinese and western countries the different ways of management, human nature of good and evil for westerners know different and of different thought patterns, this all have influences on the legal transplant. But in the whole process, and we can see the fusion of Chinese and western legal both place: China from the traditional collectivism to western individualism near, the legislation of the country of Chinese and western values also gradually fusion, China from the traditional legal e