1876 (Meiji 9) 19 In June, overseas students from the Ministry of Education went to Britain to study law. In August of the same year, he turned to the United States, crossed the Pacific Ocean and the Atlantic Ocean, and arrived in Britain. In the same year, he entered King's College London, University of London, and studied at the Middle Temple Law School. At school, I was deeply influenced by English positivism law, especially the ancient English legal historian Maine. When he was at school, there was a heated debate between charles robert darwin's theory of biological evolution and herbert spencer's theory of social evolution, and he made an in-depth study on this issue. Later, he used the theory of natural human rights to test the theory of evolution. From the standpoint of evolution, he severely criticized the theory of natural human rights, studied Japanese traditional customs, and proposed that law, like biology and society, evolved with the progress of the times. In his later years, he compiled and published The Evolution of Law, trying to complete his own theoretical system, but it never came true.
In the field of criminal law, Sui learned Cesare Cesare Lombroso's theory of natural criminals and introduced the new criminal law theory to Japan. In Sui Dynasty, Chen Zhong admired Jeremy Bentham, a utilitarian philosopher, and regarded him as a model of codification in the future.
1879 (meiji 12) graduated and was awarded the title of barrister. 1880 (meiji 13) transferred to Humboldt university in Berlin, Germany, and studied German law under Heinrich Dunberg. His field involves jurisprudence, civil law and legislative theory, and is deeply influenced by Friedrich Carl von Savign's theory, which provides an opportunity for introducing Pendleton law system (pendleton School) into Japanese civil code in the future. 188 1 year (Meiji 14) and returned to China on May 16.
188 1 (meiji 14) On July 28th, Sui rejoined the Faculty of Law of the University of Tokyo as a lecturer, taught English law, and offered the course "Jurisprudence" for the first time in Japanese history, actively spreading the western bourgeois legal view. 1882 (meiji 15) on February15, sui was promoted to professor and minister of justice of the university of Tokyo. After taking office, he promoted Neusoft Prime Minister Hiroyuki Kato's policy of revitalizing German law. When French law prevailed, he introduced English law and German law, and devoted himself to the legal education system, which had a great influence on Japanese legal circles in the creative period. 1882 (Meiji 15) 10 also served as the literature department of Tokyo University in March. On April 28th of the same year, he concurrently served as Secretary of the Ministry of Education and Director of the Investigation Department. 122 September, 884 (Meiji 17) dismissed the post of minister of investigation, 10 year12 October dismissed the post of small clerk in the Ministry of Education.
As a Japanese pioneer and pioneer, Mizuho Chen Zhong played the role of an early researcher's tutor in a wide range of legal fields, such as civil law, criminal law, international law, private international law, comparative law, legal history, legal philosophy, legal anthropology, prison science and so on. Although he firmly adheres to the evolution theory of law, he believes that the future will inevitably evolve in the direction of liberalism. He expounded the taboo anthropology of the emperor system. After the death of Emperor Meiji 19 12 (Meiji 45), the army general Nogi Maresuke and his wife died one after another, and Sui Jichen was critical of this.
1885 (Meiji 18) 10 In September, Mizuho Chen Zhong, Ichiro Mashima and Takeo Kikuchi jointly founded the British Law School (1889 was renamed Tokyo Law School, which is today's Central University), with the aim of comprehensively teaching British and American law and integrating the spirit of empiricism and liberalism. British law schools and specialized schools (now specialized universities), Meiji Law School (now Meiji University), Tokyo Law School (1renamed Kazuo Law School in May, 889, now Hosei University) and Tokyo Specialized School (now Waseda University) were also called "five private law schools" at that time.
1885 (meiji18) 65438+February 25th, served as the minister of law and politics of the university of Tokyo. 1886 March (Meiji 19), the University of Tokyo was renamed Imperial University, and the Faculty of Law and Politics of Dongda University was renamed Imperial Law University as a professor. 1893 (meiji 19): 1 served as professor and head of the faculty of law of imperial university in March of the same year, served as assessor of imperial university in March of the same year, and served as second-class officer in April of the same year. On February 2, 65438 of the same year, he served as the supervisor of private law school. 1894 (Meiji 20th year) 65438+1October 4th served as a civilian experimental committee member. 1895 (meiji 2 1) was awarded the doctor of law degree on may 7, becoming the first generation doctor of law after the establishment of the degree system in Japan. Lecture on Criminal Law Jurisprudence, 1, 1897 (Meiji 23) was taught by prison officials in April. On April 30 of the same year, he served as a senior experimental member of the civil service. 1890 was a member of the upper house of the imperial parliament (elected by the people) from September 29th (Meiji 23rd) to February 29th (Meiji 25th). 1890 (meiji 23 rd year) 65438+February 23 rd, promoted to first-class recitation officer. 189 1 year (Meiji 24) 10 year, 19 year, 1892 year (Meiji 25), and served as a professor at the Law University.
From the 22nd year of Meiji (1889) to the 25th year of Meiji (1892), Japan launched a "Civil Code Debate" around the extension and suspension of the implementation of the old civil laws (Law No.28 and Law No.98 in the 23rd year of Meiji). Chen Chong and Zheng Zhang, who hold the positions of legal positivism, scientism and German jurisprudence, advocate expansion theory and nature. In colleges and universities, the so-called "procrastinators" who strongly demand to postpone the implementation of civil law are mainly centered on the law department of Imperial University of Tokyo and the British Law School, the two bases of British law schools. The main reasons for requesting an extension are: "First, the new code is immoral; Second, the new code reduces the command power of the constitution; Third, the new code violates the budget principle; Fourth, the new code lacks national ideas; Fifth, the new code disturbs the social economy; Sixth, the new code has changed the roots of tax law; Seventh, the new code strongly advocates academic theory. Chen Zhong and others in Sui Dynasty advocated that the compilation of the civil code should take German law as a model and establish a patriarchal clan system (family system), that is, a modern version of the patriarchal clan system. The famous jurist and professor of Imperial University of Tokyo, Haruki Yasushi (Chen Zhong's younger brother), even shouted the slogan "Civil law comes out, loyalty and filial piety die".
The so-called "Duanxing School", which advocates the immediate implementation of the new code, is mainly centered on the Hechu School of Law and the Meiji School of Law, the stronghold of the French School of Law. The Opinions on Implementing Norms put forward the main reasons for implementing the new norms immediately: "First, the implementation of norms is an urgent task today; Second, the procrastinator misunderstood the code and destroyed it; Third, procrastinators make irresponsible remarks. The debate extended to the upper and lower houses of the imperial parliament, and the postponer and the lovelorn had a heated debate. Although the Meiji government, which wanted to implement the civil code, strongly emphasized the necessity of implementing the civil code, the old civil code was finally aborted because of the United front formed by conservatives, reformists and liberal civil rights activists. The procrastinators won an overwhelming majority in the House of Lords and the House of Representatives. 1892 (Meiji 25th year) The old civil law was abolished.
Sui proposed that the codification has five purposes: public safety, integration, unification, arrangement and renewal. The political nature of Meiji Restoration in Japan stipulated that the nature of Japanese code must be based on renewal.
In his view, generally speaking, codes can be based on one of the purposes and have one or two other purposes. He thinks that the new law program promulgated by the Ministry of Justice in Meiji 2 (1869) is an updated code, but it also has other purposes, such as unifying policies and maintaining policies. Moreover, he mentioned that the new law considered Dabao Law and Tokugawa Law, and compromised China Law and Tang Ming Law. The implication is to keep the policy too updated. In his understanding, this is the main reason why the Meiji government ordered the compilation of the code, because "the Meiji Restoration Revolution was not only a change in the political system, but also the abolition of the feudal system and the opening up of foreign trade, education, commerce, industry, printing, etiquette, customs and so on. There has been no great change since ancient times, so the compilation of the code needs to follow the evolution of this situation.
Because he had a politically correct understanding of the essence of the Meiji Restoration, and although he also opposed the provisions of the new civil law promulgated by the Japanese government in the 23rd year of Meiji (1890), his thorough legal understanding of the whole dispute and his moderate political stance made the Meiji Government feel that he was proficient in English law and German law, and was a very suitable compromise candidate to preside over the revision of the provisions and compile the Japanese code in the new era. Tomoi's political chapter was good at French law and Japanese law. Tomi Zhenghong belongs to the school of historical law, and he often confronts Mei Senjiro, who belongs to the school of natural law. Based on the essence of the Culai School, Sui dynasty combined legal positivism and utilitarianism, and reconciled them.
Chen Zhong of Sui Dynasty once said: "Difficult law is the manifestation of autocracy, and easy law is the guarantee of civil rights". As long as the law is the guarantee of citizens' rights and freedoms, it is more important than reading the legal provisions at any time, and it is necessary to understand those. People can't understand it after reading it. Not for the people, but a way to maintain power. This is not the image that the law should have.
After the promulgation and implementation of the Constitution of the Great Japanese Empire (Meiji 24th year) 189 1 year, the Russian Crown Prince (the last Tsar Nicholas II) was assassinated in Otsu by the Japanese policeman Sanzang who served as a guard along the way, that is, the "Otsu Incident". The Japanese government decided to execute the criminal Sanzang Tsuda on the charge of "heinous crimes", assume the government responsibility in international law, and make peace diplomatically. Sui, an old-timer and grand jury chairman who was born in the same town, asked Sui for advice. Sui Rebuild said that "even in foreign countries, unless it is a defeated country, there is no precedent for law bending in China" and that "we should stick to our own ideas and win in the confrontation with the government". He pointed out that there must be a gesture of guarding the rule of law. Chen Zhong encouraged Erdao to oppose the death penalty theory of prisoners, resist administrative intervention in the process of trial, conviction and sentencing, advocate judicial independence and spread the consciousness of separation of powers. 1893 (Meiji 26th year) September 2 1 day, a senior in Law University of Imperial University, and concurrently a lecturer in jurisprudence. In the same year,165438+1October 29th, served as an experimenter for diplomats and consular officials. From March 3 1894 (the 27th year of Meiji) to March 3 1 year-March 31March 902 (the 35th year of Meiji), he served as a member of the Code Investigation Committee, and on May 24 of the same year, he served as a permanent member of the civil advanced experiment. 1895 (in the 28th year of Meiji)1June 0 12 was exempted as a senior student in law. 1896 (meiji 29) was elected as a member (academician) of Tokyo bachelor's college (imitating French college) on April 22. 1897 (Meiji 30th year) On April 22nd, Imperial University was renamed Imperial University of Tokyo and remained as a professor. On August 28th of the same year, he was promoted to the first place among senior Syrian officials. 1899 February (Meiji 32) was elected president of the Association of Doctor of Laws. In May of the same year 1, he went to Rome, Italy to attend the 12th International Oriental Society and visited European and American countries. 190 1 year (Meiji 34) September 28th-65438+February 2nd, served as the temporary chairman of the experiment for diplomats and consular officers. 1 June, 903 (Meiji 36) to1June ——1March 29, 904 (Meiji 37) as a temporary member of the teacher evaluation committee. 1906 (Meiji 39) 12 In July, he became the first minister of Imperial College. Members of the college are divided into different departments according to their special research fields, that is, departments. The first department is the humanities and social sciences department. 1906 (meiji 39)- 19 19 (taisho 8) served as the chairman of the national academy of sciences.
19 12 (Meiji 45) On March 4th, Sui Ji Chen Zhong resigned as a professor in the Faculty of Law of Imperial University of Tokyo, was awarded honorary professor of Imperial University of Tokyo, and returned to his hometown. 19 15 (4 years of taisho) 12 1, according to meritorious service, was awarded the title of Baron and was listed as a China citizen. 19 16 (taisho 5 years) 65438+1October 26th, as an adviser to the Privy Council. 19 16 (5 years in Taisho)10/0 —— 1925 (0/4 years in Taisho)10 June/kloc- 19 18 (taisho 7 years)101October 26th served as the magistrate of the permanent court of arbitration. 19 19 served as the chairman of the provisional legislative Council from July 9 (8 years of Taisho) to March 3 1 925 (4 years of Taisho/kloc-0). 1924 (Taisho13) April 15 —— 1925 (Taisho14) June 5438+February 3. 1925 (Taisho14) served as Deputy Speaker of the Privy Council from March 30th to June 30th 1925 (Taisho14) 65433.