论文部分内容阅读
清末仿行立宪运动使中国传统法律受到冲击,程序法的价值开始为人们所接受,但随着仿行立宪的失败,程序法律改革并没有在中国结成正果。而在民国时期,程序法制尤其是行政程序法制建设开始进入“繁荣”时期,但这些法律制度仅仅是停留在纸面上,实际生活中并没有有效地发挥作用。晚清和民国时期的程序法制实践活动虽然失败,却具有十分重要的借鉴意义。
The imitation of the constitutional movement in the late Qing drew the brunt of the traditional Chinese law, and the value of procedural law began to be accepted by the people. But with the constitutional constitutional defeat, procedural law reform failed to achieve positive results in China. In the period of the Republic of China, the procedural legal system, especially the legal construction of the administrative procedure, began to enter the stage of “prosperity.” However, these legal systems were merely stuck on paper and did not effectively play an effective role in real life. Although the procedural legal practice in the late Qing Dynasty and the Republic of China failed, it had very important referential significance.