论清末法律制度的改革

On the Reform of the Legal System in the Late Qing Dynasty

面对封建社会的统治危机,清末政府被迫进行法律制度的改革。首先进行的是颁行宪法,这对于清末政府来说是一个全新的法律制度,它起着统帅诸法的作用;其次是对原有法律制度进行改革,修改最大的法律制度便是刑法,因为刑律是中国古代主要的法律制度;紧随其后的便是对民商分别进行立法,颁布了《大清民律草案》《大清商律草案》《破产律草案》《钦定大清商律》《公司注册试办章程》《破产律》等;清末政府还建立了建立与行政分立的新司法体制,对司法体系进行了改革,出台了法院组织法,为法律制度的执行创造了必要的条件;与此同时颁布了《法院编制法》:确立了审判和检查分立的原则。最后清末政府还颁布了《大清刑事诉讼律草案》《大清民事诉讼律草案》等诉讼法律。

Faced with the ruling crisis of feudal society, the late Qing government was forced to reform the legal system. The first step was to enact the Constitution, which was a brand new legal system for the late Qing government, playing a role in commanding all laws;secondly, it is necessary to reform the existing legal system, and the most significant modification is the criminal law, as the criminal law was the main legal system in ancient China;Following closely behind was the separate legislation on civil and commercial law, which promulgated the Draft Civil Law of the Qing Dynasty, Draft Commercial Law of the Qing Dynasty, Draft Bankruptcy Law, Qinding Commercial Law of the Qing Dynasty, Trial Articles of Association for Company Registration, Bankruptcy Law, etc.;the late Qing government also established a new judicial system that was separated from administration, reformed the judicial system, and introduced the Court Organization Law, creating necessary conditions for the implementation of the legal system;at the same time, the Law on the Establishment of Courts was promulgated: establishing the principle of separation of trial and inspection. Finally, the late Qing government also formulated procedural laws such as the Draft Criminal Procedure Law of the Qing Dynasty and the Draft Civil Procedure Law of the Qing Dynasty.