The Ideological Orientation,Causes and Approaches of Judicial Independence of Late Qing Dynasty——A Research until the Eve of Pre-constitutionalism
LI Ding-chu
Abstract
LI Ding-chu
Abstract
The ideological orientation of judicial independence of late Qing dynasty can be divided to three stages.In its developing courses,it ranges from such as a popular common sense to convince the people with the explaining and argumentation to the conception,to animadvert on the social problem fiercely and give some advice from political lay.In the cause of ideology,the research from internal view is more essential,as the wake of nation-consciousness and the original thought of judicial independence is worth to attention.From the importing approach of the ideology,we can know that the judicial reform of late Qing dynasty had a obvious tendency of westernization,which was reflected to be a jacobinical form in some way,and because of that,the law culture of China can't combine with the law culture of west very well.
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The ideological orientation of judicial independence of late Qing dynasty can be divided to three stages.In its developing courses,it ranges from such as a popular common sense to convince the people with the explaining and argumentation to the conception,to animadvert on the social problem fiercely and give some advice from political lay.In the cause of ideology,the research from internal view is more essential,as the wake of nation-consciousness and the original thought of judicial independence is worth to attention.From the importing approach of the ideology,we can know that the judicial reform of late Qing dynasty had a obvious tendency of westernization,which was reflected to be a jacobinical form in some way,and because of that,the law culture of China can't combine with the law culture of west very well.
Key concepts: Ideology, Authoritarianism, Law, Independence (probability theory), Constitutionalism, Judicial independence, Westernization, China