Gao Jianze Mo: The transformation of the law: the positioning of Chinese law in the surrounding country -take Japan as an example
August 29, 2022 10:35 Source: "China Social Sciences", August 29, 2022, Issue 2480 Author: Takamieawa Osamu

  

  Professor of the Institute of Toyo Culture, University of Tokyo, Japan。Specialized field is Chinese Law,Including the history of legal system、Modern Law History and Modern China Law。

Studying foreign law mainly has three meanings: the first is to provide a reference material for legislation or explanation for your own country。Japanese Flying Bird Age to the beginning of Meiji as a research center,and apply its results to legislation and explanation。The second is for diplomacy、Trading or adjusting family relationship Study foreign law。The third is to observe foreign social culture through the legal system。There is a special composite meaning in modern Japan,Old habitual survey when forming a colony。

Use the word "inherent method" today,is the traditional Chinese law。Use inherent method、Three points of modern law and modern law introduce the history of Japanese law research in Japan。Inherent methods and modern laws include contemporary research and historic research。Study inherent method first uses contemporaries as a central civilization to study or transplant the Chinese Law。6th century Prince Saint De,​​If he bet365 Play online games really exists,Pay attention to the Southern and Northern Dynasties and Sui Dynasty systems。By the 7th century, the law system was followed by the law,Forms a Japanese law system,In the early stage of crossing people,Mainly from the Korean Peninsula,Perhaps experts from the mainland participate in operation。Later, I cultivated some talents,They get a doctorate in law、Dr. Mingfa or Mingfa Sheng and other official positions,Edited "Ling Yi Jie", "Ling Jie" and other comments。Then the Ming Fajia appeared,They provide reference opinions for the law format for the court or the shogunate as the family art。After the 14th century,Also serving as a job,(for the ancient ritual law) to provide the origin and style of the system or ritual (custom) information of the system or ritual。In the middle of the Edo era,Confucianists in the shogunate or name,They start studying the law。Research results gradually affect the famous law of Mingli type,Gradually affect the shogunate's imperial book。Some legislation in the early Meiji period is also a mix of Ming law and Western law。1885,Japan adopted a British cabinet system,This means abolition of the Japanese order。from 1885 to 1910,Japan's follow -up western law,Try to compile the Modern Western Method Code,Try to modify unequal treaties。At that time, the research of Chinese law and Japan's Chinese bet365 best casino games law began to become marginalized。Japanese Law of Japan mainly studies the history of the Code compilation,Provide information for the colonies。

Nakada Kaoru returned to China in 1911 and became a professor of legal history of Tokyo Imperial University,Japan has changed greatly in the study of China's inherent law。His mainly study the history of Japanese legal system,But there are some research results in the history of Chinese legal system。As a modern law and a researcher at modern history,The main style is based on historical materials、Principles of the order of society through comparative research。He has other academic contributions,Trained two outstanding scholars: One is Ishiosatsu, who studies the history of Japanese legal system,Another is Rinjing Tian Sheng, who studies the history of Chinese legal system。Rinjing Tian Sheng has a lot of research results when he is in his 20s,The study style of the study style from the 1930s to the first half of the 1940s was based on the fine empirical research of historical materials。After the end of World War II,Research method of Rinjing Tian Sheng has changed,He began to analyze and describe the history of Chinese legal system and contemporary Chinese law with reference to the historical view of Marxism or materialism and the methodology of Weber。Contemporary China Law includes base law and the People's Republic of China。Zi He Xiu San bet365 best casino games is a student of Ishii Liangzhu,As a special graduate student of the Tokyo Imperial University in 1943, he began to study the history of Chinese legal system。The special graduate system at that time was the only good policy of Dongjo Yingji Cabinet,Give outstanding students to avoid military service for them to focus on research。His style of learning is the principle of Chinese law exuded from historical materials,Compared with the West method, this principle。Family Law proposed a father -son integration、The concept of principles such as husband and wife integration,Describes the trial of civilian cases in the Qing Dynasty county county gates of civilian cases based on reasonable referees。He also trained some outstanding scholars。

To modern times,The Qing Dynasty started judicial reform in its last 10 years。In addition to the independent formulation of the 19th Creed of the Daqing Business Law,Four Japanese experts are also hired to participate in drafting and conducting legal education。Japanese experts except for reference to existing Japanese codes,Also try to introduce the latest system at that time。By the 1930s,The Republic of China has formulated some basic laws,Those codes are products of the 20th century。The basis of the modern Japanese legal system is the product of the 19th century,So,Japanese scholars have high evaluation of those codes。Japanese first -class bet365 best casino games scholars at the time organized the Chinese Republic of China Legal Research Association,Published a series of comments。

After the founding of the People's Republic of China,More accurately,The Japanese government and the academic circles are interested in contemporary Chinese law, including the base law。Collection information of the Ministry of Foreign Affairs and National Congress Library,Scholars who have begun to study before the war such as Rinjing Tomo Sheng and Fukushima Masaku,It is also the research force of the People's Republic of China when it was first established。Later Fukushima Masaku and Miyakaka began to study the history of legal system。Fukushima Masaku continues to conduct research and teaching at Waseda University after retiring from the University of Tokyo in 1967。Young Japanese scholars are very interested in China,Formed academic salons at Waseda University,Japanese Constitution is also a starting point for the study of modern Chinese law。Needle Chengji is the famous constitutionalist Kiyoshi Shiro Kiyoshi,Asai Dun is also a well -known constitutional scholar Suzuki Tibetan。They led Japan to study modern China Law from the 1970s to the 1970s。There are also lawyers -based legalists who also study modern Chinese law。Even in the period when there is no diplomatic relations,Also communicate with Chinese legalists。After the Third Plenary Bet365 lotto review Session of the Eleventh Central Committee of the Communist Party of China,Their activity is more active。

China until the Qing Dynasty is the East Asian Civilization Center,Japan has been studying the Chinese Law as a surrounding country,to form a Japanese law system。But in the 19th century,Chinese law is marginalized in the era of mainstreamization of Western law,Therefore, study the Chinese Law in Japan,This research is also academic edge。Out of respect for China as a companion as a successor or transplanting Western method,The Socialist Law appeared after the October Revolution in Russia,Some people think that socialist law may become a new world law,Chinese Law as a socialist law has attracted the attention of the Japanese academic circles。After the normalization of the Chinese diplomatic relations in 1972,Especially after 1978,Active exchanges in all aspects of Japan,But there is also confusion in real communication,The main reason lies in socialism、Diversity and multi -meaning of basic concepts such as democracy and market,I haven't found a method of tolerance diversity and polysexual understanding,This is the most important topic in the current and future of the Japanese academic and practical circles。

Editor in charge: Chen Jing
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026