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Author: ChangChunYan
Tutor: LiangFengRong
School: Zhengzhou University
Course: Legal History
Keywords: The handpicked Qing Commercial Law Shoji habits Legal Transplant
CLC: D929
Type: Master's thesis
Year: 2009
Downloads: 40
Quote: 0
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Abstract
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The Qing Legal reform \On the basis of commercial law in the modern sense of traditional Chinese law does not, the introduction of modern Western commercial law, such as a corporation, limited liability, shareholders, directors, and other advanced systems, principles, concepts, China, Chinese legal system has taken a modern The first step in the development of capitalist industry and commerce in the Late Qing Dynasty to get a certain amount of legal protection, to some extent, to promote the development of national capitalism in the late Qing Dynasty China. However, as commercial law codification of Wu Ting-fang, contained vibration, etc. minister of Western legal understanding, but the essence of Western commercial law does not really understand, based on the reality of the urgent need to see the Western countries Business Law hurry to Japan Business Law, British commercial law, etc. be tailored to piece together, to rush in to develop a \give a full explanation. Style is not complete, is lack of combined formulation ignores the actual commercial and industrial development in the late Qing Dynasty, and did not take into account the traditional Chinese business practices, so this is the first provider law implemented only after a few years has been questioned by many, forcing the Qing legislators may not Do not consider re-enactment of a Commercial Code. \\That is why, in the example of the success of Japan's Meiji Restoration, the changes in the legal system of the dissection Japanese influence. Coincidentally, as \play a huge role, and the times after several revisions, are still applicable today, after more than a hundred years, demonstrated strong vitality. To compare the two to explore in depth caused by the difference lies, has no small significance of today's commercial legal construction should. China's market economy is the rapid development, has a large number of Commercial Law and Regulations in connection with the relevant enacted, single line, but not yet conclusive due to take legislative mode, so the basic spirit of the Commercial Code, the basic principle has not been a clear general principles provisions, resulting in a single line of Commercial Law and Regulations Rootlessness. \\
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