From criminal law to civil law: a study on forming of “The Effective Section of the Current Criminal Law on Civil Affairs”(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2016年03期
- Page:
- 116-123
- Research Field:
- 法学
- Publishing date:
Info
- Title:
- From criminal law to civil law: a study on forming of “The Effective Section of the Current Criminal Law on Civil Affairs”
- Author(s):
- DUAN Xiao-yan
- 1.School of Law, Fuzhou University, Fuzhou 350108, Fujian, China; 2.School of Law, Jilin University, Changchun, 130012, Jilin, China
- Keywords:
- The Great Qing Current Criminal Law; “The Effective Section of the Current Criminal Law on Civil Affairs”; legal resource; Dali Yuan; modernization of Chinese civil law
- PACS:
- DF092
- DOI:
- -
- Abstract:
- “The Effective Section of the Current Criminal Law on Civil Affairs” was the basic civil law in early Republic of China. Analysis suggests that its content, structure, and the implementation in late Qing Dynasty are the important basis. Its objective that political and legal environment caused the deficiency of legal resource of civil trial law. The deeper reason is that there was no fundamental change in economic and social foundation of Chinas society at that time. “The Effective Section of the Current Criminal Law on Civil Affairs”, which was the resultant action of legislation and judicature, promotes the further development of civil law modernization. It is for the transition，yet it served as a “bridge” communicating the imperial China and modern Chinese civil law in Modernization of Chinese civil law.
Last Update: 2016-10-17