The Law

Reformation Of
The Meiji Period
Group 6
 Members
Nguyen Thanh An 21110002
Le Van Binh 21110014
Quach Phung Hieu 21110028
Can Thi Hong Thu 21110056

Le Thi Thu Trang 21110059

 Table of contents
The first law of
01 Introduction 04 legal reform in
Japan

The Situation of
02 Legal Reform in
Japan
05 Compare with
Vietnamese law

03 Impact factors 06 Summary

01
Introduction
 Japan’s Law Vietnam’s Law
Established its legal system when Affected by two forces:
imperial rule over Japan was ● The Nguyen Dynasty
restored in 1868 ● The French colonialists

The Meiji Constitution was the The French colonialists imposed

organic law of imperial Japan in different policies on Vietnam
effect from 1890 - 1945 during this period

After World War II, there was a → Vietnamese law was derived by
major legal reform the Nguyen Dynasty and the old
colonial regime established by the
French
 The Situation of Legal
02
Reform in Japan
Legal reform in Japan is a legal reform
that aims to shift the Japanese feudal
legal system.

Was implemented during Emperor

Meiji's reign in the 1960s and continued
into the early decades of the twentieth
century.

The Meiji Restoration was a bourgeois

revolution that, despite its flaws, caused
major improvements in many parts of
Japanese society
03
Impact factors
1. Through foreigners
2. Through Japanese people
3. Through newsletters
 Through Foreigners
The Tokugawa French and German law
period ended influenced Japan

Western forces asked

Japan to open customs For example: the French advisors,
clearance with European especially Boissonade, Bousquet,
countries and Benet and Roesler and their
German colleagues Lorenz von
Meiji period to reform Stein and Rudolf von Gneist...
everything from scratch Experts who participated in the
construction process building,
The state sent people to developing, educating and
European countries to propagating Western law to
learn the laws of these Japanese law.
countries.
 Through Japanese people
the initiative, spirit
and determination
of the Japanese
The success of people
the reception of
foreign law

Japanese political
circles
 Through Japanese people
"Senchu Hassaku" by The heads of
Very supportive and learned
Sakamoto Ryoma: the country
from new and progressive ideas,
“Abolish old laws and and the people
not constrained in the approach
legal institutions as the who
basis for building a new participated in to new legal
nation” power
Individuals with Those who The Meiji government
“Gokajo Goseimon” by progressive were sent to sent its men around the
Kido Takayoshi: ideas play a role learn Western world to study modern
"The bad habits must be in spreading law or trained Western law
broken and everything new ideas in the West
must be based on the
righteous path"
 Through New Letter
The New Letter are Western books
containing the progressive doctrines of
famous authors that were introduced to
Japan.

A bridge connecting Westerners with

the JP people

Japanese people will clearly see new

points about freedom, democracy, civil
rights and about new institutions in
Western society at that time.

See the achievements of the scientific

revolution and technological
achievements at that time
 04
The first law of
legal reform in
Japan

Was the earliest
promulgated document,
right in the early years of
the Meiji Restoration
(1870) and was amended
and supplemented in
1873.
The Penal Code
With the only For the first time, the
difference that it was principle "there is no
not hidden from the crime and there can be
people no punishment until the
law has been prescribed"
This is considered a is acknowledged.
long step along the
path of democracy
and progress of the
Japanese legal
system.
In 1890, for the first time, the Criminal Procedure Code was
promulgated for the first time, basically following the model of the
French procedural law of 1880

In 1922, this Code was replaced by a new Procedural Code modeled

after the German criminal Code proceedings in 1877

In the process of reforming the legal system in the Duy Tan period, while
absorbing many Western legal institutions, Japanese legislators still
consciously retained and inherited traditional and customary, tradition,
regulations, formation and verification of community activities
05 Compare with
Vietnamese law
 Japan Vietnam

Time The era of the Meiji Restoration Nguyen Dynasty

Competent Supreme Court King

authority

Impacts German and Chinese law Law of the Nguyen Dynasty

French Colonialism

Reality Hold a certain position in the No place in the world

world legal map
 Japan Vietnam
Reality - Japan abandoned the influence of Confucian point of view of
feudal Confucianism governance
- Not hidden from the public → increase the tyranny of the
- No crime and no punishment Nguyen dynasty
- Combining foreign elements and → harsh
national indigenous character → backward feudal ideology still
→ democratic exists

Retain and inherit customary, Selectively inherited from the laws

traditional, established and verified of the Qing and previous dynasties
regulations of community activities. and remains nationalistic.

The new law is in sync with Japan's Not synchronized

advanced and developed civilized → not yet facilitated for the law to
institutions, phenomena and values adapt and develop
in many fields.
06
Summary
■ The leaders of Japan wanted to get rid of the
influence of feudal China

■ Japan abandoned the old regulations in Confucian,

put aside hatred to accept, learn from its own
opponent in World War II
→ entered a period of "miracle" development

■ The new Meiji legal reform helps to abolish the old

laws
everything should be based on the Public Law →
FAIR, DEMOCRACY, MORE CIVILIZED.

■ Based on German and Western laws, but still clearly

expressed the unique characteristics of Japan:
○ The "giri" rule in Japanese society
○ There are administrative guidelines (“gyosei
shido”) in law enforcement practice in Japan
 References
1. UC Law. 2023. “Japanese Law Research Guide: Legal System & Statistics.” LibGuides.
https://libguides.uchastings.edu/japan-law/legal-system-stats.
2. Hoàng Văn Đoàn and Mai Văn Thắng. 2018. “Ảnh hưởng của pháp luật phương Tây đến
pháp luật Nhật Bản trong lịch sử và những giá trị tham khảo đối với Việt Nam trong bối cảnh
hiện nay.” VNU Journal of Science: Legal Studies, August 5th, 2018.
https://js.vnu.edu.vn/LS/article/view/4167/3852.
3. Lawyer Lê Minh Trường. 2021. “Phân tích quá trình hình thành, phát triển của hệ thống
pháp luật Việt Nam.” Luật Minh Khuê.
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viet-nam.aspx.
4. Hệ thống pháp luật Việt. n.d. “Cải cách pháp luật ở nhật bản là gì? Giải thích thuật ngữ Cải
cách pháp luật ở nhật bản.” Hệ thống pháp luật. Accessed May 4, 2023.
https://hethongphapluat.com/thuat-ngu-phap-ly/cai-cach-phap-luat-o-nhat-ban.html.
 References
5. Lawyer Lê Minh Trường. 2021. “Tìm hiểu về cuộc cải cách pháp luật ở Nhật bản ?” luật Minh Khuê.
https://luatminhkhue.vn/tim-hieu-ve-cuoc-cai-cach-phap-luat-o-nhat-ban--.aspx.
6. THỪA KẾ THEO PHÁP LUẬT TRONG HOÀNG VIỆT LUẬT LỆ THỜI NGUYỄN Ở VIỆT NAM
http://repository.law.vnu.edu.vn/jspui/bitstream/123456789/680/1/LDS-H%E1%BB%93%20Th%E1%BB
%8B%20V%C3%A2n%20Anh-Th%E1%BB%ABa%20k%E1%BA%BF%20theo%20ph%C3%A1p%20l
u%E1%BA%ADt%20trong%20Ho%C3%A0ng%20Vi%E1%BB%87t%20lu%E1%BA%ADt%20l%E1%
BB%87%20th%E1%BB%9Di%20Nguy%E1%BB%85n%20%E1%BB%9F%20Vi%E1%BB%87t%20Na
m.pdf
7. Pháp luật Triều Nguyễn và một số giá trị cơ bản của nó
https://lsvn.vn/phap-luat-trieu-nguyen-va-mot-so-gia-tri-co-ban-cua-no.html
Thank you all
for listening