2004Unpublished venueRequires access

Shen Jiaben in the Modification of Laws Alters the System of Traditional Law Thoughts

Yang Hui

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Abstract

During the last years of the Qing Dynasty,Shen Jiaben introduced Western bourgeois legal ideas into Chinese lawmaking made a breakthrough in defiance of the basic principles and content of the feudal legal conventions by legal revision.Although the breakthrough was limited,it fully demonstrated that the legal revision,by breaking the old barriers of the ancient Chinese legal system,finally terminated the exclusive domination by the feudal legal conventions which had lasted for 2,000 years and brought the Chinese legal system onto the late and modem historical track.

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What this paper is about

During the last years of the Qing Dynasty,Shen Jiaben introduced Western bourgeois legal ideas into Chinese lawmaking made a breakthrough in defiance of the basic principles and content of the feudal legal conventions by legal revision.Although the breakthrough was limited,it fully demonstrated that the legal revision,by breaking the old barriers of the ancient Chinese legal system,finally terminated the exclusive domination by the feudal legal conventions which had lasted for 2,000 years and brought the Chinese legal system onto the late and modem historical track.

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Available abstract

During the last years of the Qing Dynasty,Shen Jiaben introduced Western bourgeois legal ideas into Chinese lawmaking made a breakthrough in defiance of the basic principles and content of the feudal legal conventions by legal revision.Although the breakthrough was limited,it fully demonstrated that the legal revision,by breaking the old barriers of the ancient Chinese legal system,finally terminated the exclusive domination by the feudal legal conventions which had lasted for 2,000 years and brought the Chinese legal system onto the late and modem historical track.

Key concepts: Feudalism, Lawmaking, Law, Bourgeoisie, Legal realism, Legal research, Political science, Legal history

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