On September 20, 2019, Professor Xiong Dayun from Yamanashi University was a guest at Nankai University and gave a lecture entitled Foreign Laws—Modernization of Legal System in Modern China and Japanese Legal Consultants. More than 30 teachers and students from the base attended the lecture.
China has embarked on a path of modernization since the late Qing Dynasty. The most important thing in this wave of modernization is the transformation and modernization of institutions and legal systems.
Professor Xiong believes that in the modern history of Japan and the history of Sino-Japanese relations, Aiga Changxiong is a little-known name, but he has played an extremely important role in the modernization of China's legal system.
In addition, in 1907, the Qing government sent a constitutional investigation team to Germany and Japan to inspect Japanese constitutional ministers Tatsushou and Li Jiaju to teach Japanese constitutionalism. It was also Aga Nagao. This contact also enabled Aga to maintain long-term relations with China.
Laid the foundation.
Although Japan’s constitution has various limitations and deficiencies, and although the constitution of the late Qing Dynasty finally failed, the efforts of Japanese scholars have made Chinese officials realize that constitutionalism is not a scourge, but may become an alternative political model to save itself.
There is a gap in the stubborn conservative camp.
In addition to his activities in the New Deal in the late Qing Dynasty, Changxiong Ariga also played an important role in Yuan Shikai's constitution-making activities.
The Yuan Shikai government has been actively (rather than letting anyone’s instructions) seek cooperation with Aiga Changxiong. The Yuan Shikai government attaches great importance to Aiga Changxiong’s suggestions. His speeches and speeches on constitutional issues have been translated into Chinese.
It can be said that the later Republic of China Law was based on this Guan Yi Xian Critic as the blueprint.
Professor Xiong Yunda pointed out that it is necessary to give a more objective evaluation of the Republic of China Law and Guan Yi Xian Ju, seeing that it has maintained the positive aspects such as the separation of powers and brought it into consideration in the environment of the time.
Professor Xiong then discussed the Draft Qing Civil Procedure Law and the role of Matsuoka Yoshimasa.
After a detailed comparative study, Professor Xiong pointed out that more than 80% of the provisions of the Draft Civil Procedure Law of the Qing Dynasty came from the Japanese Civil Procedure Law Amendment, rather than from the famous German procedural law issued by some scholars in 1890.
Japanese Civil Procedure Law.
Professor Xiong Yunda concluded that in modern times, Japanese legal consultants have provided specific consultations and suggestions on China’s legal system, laws, and other national and long-term system constructions. Some even practiced them personally, drawing blueprints by themselves.
The popularity is very low, and some have even been forgotten and overwhelmed.
We should see these people's contributions to China's modernization and recognize their important help to China.
After the lecture, Professor Xiong Yunda also had a lively interaction with the students.