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The draft study of the Qing Criminal Civil Procedure Act

Author: HuZuo
Tutor: SunXu
School: China University of Political Science
Course: Legal History
Keywords: Qing criminal draft Civil Procedure Law Criminal Civil action
CLC: D925.1;D925.2
Type: Master's thesis
Year: 2009
Downloads: 80
Quote: 0
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Abstract


Qing Criminal Civil Procedure Law of the draft study, the use of history in the context of the grand history of the legal changes in the Late Qing Dynasty, the legal literature to learn the basic knowledge of legal history, case law, legal sociology, theories and methods from the four aspects of its comprehensive and detailed examination and analysis. Summarized as follows: the first part of the history, the sociological perspective to explore the direct motivation, use of historical data in the Late Qing Qing Criminal Civil Procedure Law of the draft outline-making process. The draft is in the historical context of the restructuring of the late Qing Dynasty, which produces a direct action to recover the Western powers in China consular jurisdiction. \sent to Japan to study the litigation system, learning the successful experience of the Japanese procedural legislation, the draft is completed by the codification of the revised law Pavilion, Shen, Ng two into was procedural law will be invited first to pilot this fold, \Description and petitioned the Guangxu Emperor approved first awarded to the pilot. Knowledge and theories of the second part of the application of Procedural Law Qing Criminal Civil Procedure Law of the draft text interpretation, and analysis of its style, structure, content and features. The draft is the substantive law and procedural law codification, the Code of Criminal Procedure and Civil Procedure Law of the unity of style. Constitute enactment of the draft Master Plan, the criminal rules, rules of civil, criminal civil general rule, and foreign representations to the cases of five chapters and attached to their cases. The characteristics of the draft analysis of its structure and content can be summarized as follows: 1. A transitional legislature; 2. Get rid of the shortcomings of the traditional judicial trial; the introduction of modern Western litigation system, while retaining some of the old system ; 4. hybrid litigation model that combines the terms of doctrine and the parties. The third part is elaborated around the controversy generated by the Qing Criminal Civil Procedure Law of the draft. The draft submitted to the Qing court, Zhang Zhidong, led by local leaders of various objections. Both argued that torture, arrest, criminal judgment, seizure of products, lawyers, jury system. The controversy is a prelude to the battle of Morality and Law in Late Qing, the essence of Chinese and Western Procedure Law of the value of conflict, but also the legal changes in the path of struggle. The fourth part explores the fate of the draft and the reasons of the Qing Criminal Civil Procedure Act. Can be identified through analysis of historical data, the ultimate fate of the draft is the \The direct cause of fetal death in the draft local leaders who oppose and the situation changes, and indirect causes also the deeper reason is the change in political system and ideology bound.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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