清末诉讼事习惯调查与清末诉讼法典的编纂

Litigation Customs Investigation in the Late Qing Dynasty and the Complication of Litigated Codification in the Late Qing Dynasty

清末诉讼事习惯调查是与民事、商事习惯调查并列的清末法制习惯调查的重要组成部分,其目的是为诉讼法典的编纂作准备。清末诉讼事习惯调查在宪政编查馆的组织领导下在全国范围内得到了有序开展,但因诸多因素的影响,这次习惯调查在当时修订法律馆编纂的《大清民事诉讼律草案》、《大清刑事诉讼律草案》中均未有明显体现。

As an important part of the investigation of legislation customs which also included civil customs and commercial customs in the Late Qing Dynasty, the goal of the litigation customs investigation was to exploit the local legislative resources for compilation of litigation law.Although the litigation customs investigation was carried out by Census Bureau of all provinces which were composed of the Committee for Drawing up Regulations for Constitutional Government,the contribution of the customs investigation to the Civil Procedure Draft Code for Qing Dynasty and Criminal Procedure Draft Code for Qing Dynasty which were codified by the Bureau for the Compilation of Law was very limited.