-
View answer analysis [Correct answer] Late Qing **The first draft of the civil code in Chinese history was compiled. Based on the German and Japanese civil codes, a large number of Western civil laws are transplanted from the system and content, while taking into account the traditional Chinese customs and customs. (p277)
Answer analysis] The knowledge points of this question: The repair of the late troubles is bent and the wax rhythm is active, and the cover is slippery.
-
Answer]: a, c, d
The Draft Civil Law of the Qing Dynasty is divided into five parts: General Provisions, Creditor's Rights, Property Rights, Relatives and Inheritance. The three parts of the General Provisions, Creditor's Rights, and Property Rights were drafted separately by the Revised Law Museum.
The two parts of kinship and inheritance were drafted by the Revision Law Museum in conjunction with the Rite Museum, but the Rite Museum was the main drafting body.
-
Answer]: c, d
Essence] The "Draft of the Civil Law of the Qing Dynasty" is composed of five parts: General Provisions, Creditor's Rights, Property Rights, Relatives, and Inheritance. The first three parts were drafted by the Revised Law Museum, and the last two parts were drafted by the Revised Law Museum in conjunction with the Rite School Museum, but the Rite Museum was the main drafting body, so items C and D were selected.
style="margin-left:20px">
-
Although the large-scale law revision activities carried out in the late Qing Dynasty were subjectively passive and forced legislative activities, and there were fundamental defects and limitations in the revision of laws itself, they also had a significant impact on the objective and occupied an important position in the history of the development of China's modern legal system.
First of all, the reform of the law at the end of the Qing Dynasty led to the disintegration of the Chinese legal system. With the emergence of a series of new codes and regulations in the process of law revision, the traditional pattern of China's feudal legal system began to be broken. Not only has the traditional form of "combining all laws" been abandoned, but the characteristics of the Chinese legal system of "severing punishment according to ethics" have also been greatly impacted.
The revision of the law at the end of the Qing Dynasty marked the beginning of the disintegration of the Chinese legal system that had lasted for thousands of years, and the traditional Chinese feudal legal system began to transform into a semi-colonial and semi-feudal legal system with distinctive characteristics in form and content.
Second, the introduction of bourgeois law as a blueprint for the revision of laws in the late Qing Dynasty laid the initial foundation for the modernization of Chinese law. Through large-scale legislation at the end of the Qing Dynasty, a complete set of legal systems and judicial systems established with reference to the Western bourgeois legal system and legal principles provided conditions for the formation and development of the legal systems of the Kuomintang in Beiyang and Nanjing.
Thirdly, the revision of the law in the late Qing Dynasty introduced and disseminated the modern legal doctrines and legal systems of the West to a certain extent. The reform of the law at the end of the Qing Dynasty was the first time in Chinese history that Western legal doctrines and capitalist legal systems were comprehensively and systematically introduced and disseminated to China, so that modern legal knowledge was popularized in China to a certain extent, thus promoting the concept of rule of law among some Chinese.
Finally, the revision of the law at the end of the Qing Dynasty objectively promoted the development of China's capitalist economy and the modernization of the education system.
-
The draft of the Civil Law of the Great Qing Dynasty is divided into five parts: General Provisions, Creditor's Rights, Property Rights, Relatives, and Inheritance, with 1,569 articles. Among them, the three parts of General Provisions, Creditor's Rights, and Property Rights were drafted by Masayoshi Matsuoka and others in imitation of the style and content of the German and Japanese civil codes, and absorbed a large number of Western bourgeois civil law theories, systems, and principles. The two parts of relatives and inheritance were drafted by the Revision Law Museum and the Rite School Museum, and their systems and styles have a strong feudal color, retaining many feudal legal spirits, and still not exceeding the ideological pattern of "middle school as the body and Western learning as the use".
Just two months after the completion of the Draft Civil Law of the Qing Dynasty, the Xinhai Revolution broke out, and the corrupt rule of the Qing Dynasty quickly collapsed. Therefore, this draft civil law has not been officially promulgated and implemented.
The Draft Civil Law of the Qing Dynasty follows the following three main legislative principles: (1) Adopt the principles of civil law prevailing in various countries. (2) Be guided by the latest and most reasonable legal theories.
3) Fully consider China's specific national conditions and customs, determine the most suitable rules for Chinese customs and habits, and adapt to the needs of social evolution.
In the history of Chinese legal thought, there have been two major disputes over etiquette and law. The first time was during the Spring and Autumn Period and the Warring States Period, after a lapse of more than 2,000 years, China changed from a feudal society to a semi-colonial and semi-feudal society. >>>More