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Early Qing Dynasty in British criminal law conflict perspective

Author: LianChengZhenZi
Tutor: ZhaoLiXing
School: Fudan University
Course: Legal History
Keywords: Early Qing Dynasty Staunton Qing Law Criminal conflict of laws
CLC: D924;D929
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract


Trade driven early Qing China and Britain began to have depth contacts and exchanges, but also brought along the two sides of the conflict in the legal field. For a better understanding of Chinese law, the British launched a comprehensive and in-depth research on Chinese law. In this paper, Thomas Staunton East Sir translated English version of the \Staunton represented Western eyes, the Chinese legal rational and logical, but in actual judicial process is the lack of enforceability of judicial corruption are common occurrences. Britain drawbacks exist in China's judicial frustrated in contact with the Chinese legal process, and eventually led to the outbreak of war. Britain in the field of criminal law conflict boils down to the differences in Chinese and Western legal culture, legal philosophy, the difference in the performance of the traditional concept of the rule of man and the Western rule of law; based on the law, the performance of the traditional Chinese method of Chinese law obligations based West confrontation between the rights-based approach; legal value orientation, performance pursuit No Litigating and harmony of differences with the West, the pursuit of freedom and justice. Correct view of Chinese and Western legal culture conflict and the resulting changes of the legal system in China, we build a modern legal system can play a role in reflecting on the past \The paper is divided into four parts: The first chapter reviews the history of Western China's legal status, and when the East the life of Sir Thomas Adams brief. Chapter II introduced version, style and translate all angles Sri Lanka when East version of \As the first direct translation of the Chinese Alimentarius western text books, book Staunton this book a series of comments on the Westerners understand and study Chinese law has an important role in guiding. Chapter Staunton starting on the the Qing law of evaluation, a detailed analysis of the positive image and negative image of the early Qing Dynasty Criminal Justice in the West. The fourth chapter analyzes the performance of Britain in the field of criminal law conflict, the analysis of the causes of the conflict between the two sides confirmed and supplemented by case, and finally from the point of view of the legal culture.

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