Exploration and Choice: A Study on the Legal Transplantation in Late Qing Dynasty: A Study on the Legal Transplantation in Late Qing Dynasty

Author: Zhang Demei
Publisher:
Publish Date: 2003-10-01
Features: The value of this book lies in its exploration of the general theory of legal transplantation and a re-examination of late Qing legal practices. The author employs comparative research methods, combining historical facts of legal transplantation in modern Europe, Asia, and Africa, to discuss the causes, objects, methods, and effects of legal transplantation. It is pointed out that legal systems are a dynamic process of continuous development and change, involving constant innovation, inheritance, and borrowing. In terms of legal transplantation methods, the book proposes a gradual approach—adopting three methods: philosophical transplantation, judicial transplantation, and legislative transplantation—based on the general patterns of human cognition and the elements of legal systems. The transplantation of law in the late Qing period was an inevitable requirement for social, political, economic, and cultural development after the modern industrialization. Driven by the need to strengthen central authority and assert sovereignty, the late Qing government adopted different approaches in selecting and discarding foreign laws, resulting in a new legal system with a distinct hybrid style. Due to the weak foundation of philosophical transplantation and insufficient experience in judicial transplantation, contradictions and conflicts were prevalent in late Qing legislation. These lessons are worth deep reflection for contemporary legislators, judges, and legal scholars. This book is suitable for teachers and students engaged in legal research at universities and research institutions, and it also provides valuable references for legal practitioners.