沈家本的法律思想与中国法制近代化-中国近现代史专业论文.docxVIP

PAGE PAGE 3 law, but mud on ancient. With as aim , include he western legal system , legal principle in the law made newly, he maintain abolish cruel penalty means , delete than enclose , maintain law equal , advocate punishing and educating etc., make Chinese legal system and the world legal system civilization integrate. What he preside over build law make the rich achievement in such aspects as commercial laws of the people , criminal law , law of legal procedure , rules of organization of court, is it construct get up composed of department laws modern law department to build tentatively The third part ,Legal thought of Shen to Chinese legal system modern times influence and limitation that take. Repairing law in the latter stage of Qing Dynasty has a epoch-making meaning in the history of Chinese legal system. Though it is a reform measure that the Qing Government having no way has to take in order to safeguard and rule, but it is facilitating Chinas feudal legal system to transform into modern legal system objectively. Each Shen as build person who preside over mainly of law this time, thought of him will inevitablely take and exert an influence in modern times to legal system. Some laws made, are quoted by provisional government , the Northern Government and national government of Nanjing later on while repairing law. In the course of repairing law, everyone is equal in front of the judicial independence , law that originally introduce of the Shen s, legislated to unify and such principles as humanitarianism , crime are legal , remain our legislating and principle followed of administration of justice so far. The era of life this China social great turbulence old era of change, it is Chinese and Western law that begin contact and fierce era that collide too. The inherent one is taught for central feudal legal culture with often name of the key link , it is exclusive that legal culture comes to the outside; And is holding the irresistible tendency under the