The Influence Of Okada Asataro’s "Social Evolutionism" On The Revision Of Criminal Law In The Late Qing Dynasty

In the late Qing dynasty,asataro Okada,a Japanese criminal law scholar who is called the "superstar of Meiji period",advocated the "social evolution theory"(social evolutionist criminal law view),which profoundly influenced the late Qing dynasty’s revision of criminal law.In fact,"social evolution" was not originally created by Okada.It was a global trend of social thought in the late 19 th century.In terms of the embodiment of "social evolution theory" in the field of criminal law,Okada started from the ideology of criminal law theory,and then influenced the substantive reform of criminal law system in modern China.It can be said that Okada advocated "social evolution" and provided a typical sample for the study of the modernization of Criminal law in ChinaOkada towards aso "social evolution" to the influence of the revised criminal law in the late qing dynasty in the history of modern criminal law is a link to the Chinese legal system and the modern European law important nodes: if Mr Okada who was on a revised criminal law as the time nodes,especially in Europe,the evolution of liberal punishment law to China,Germany,Japan,the Chinese legal system of Chinese criminal law since then began to collapse,China began to build the modern criminal law system.Okada’s "social evolution theory" profoundly influenced the revision of the criminal law in the late Qing Dynasty,and its influence was mainly reflected in the "Great Fresh Criminal Law(Draft)".The draft essentially established a series of subjectivism criminal law system under nationalism,which opened a precedent for the modernization of Chinese criminal law.Of course,okada’s "social evolution theory" of criminal law overemphasizes the authority of the state while ignoring the protection of human rights,and the prescription of "all new" and so on.These to our today "crime to behavior as the standard" "prescription from the old and lighter" mainstream legal view is still biased,but from Marx’s materialist legal view,historical view,Okada’s "social evolution" criminal law view is not unenterprising,but restricted by The Times.On the contrary,even after more than a hundred years,his "social evolution theory" of criminal law still has reference and enlightenment significance to modern criminal law.For example,the historical and realistic significance of nationalism and nationalism;The significance of the theory of special prevention and social defense in criminal policy;Learn to use dialectical viewpoints in methodology and so on.This paper links Asataro Okada’s "social evolutionism" with the revision of the law in the late Qing Dynasty.Evolution of social evolution theory development,Mr Okada social evolution nationalistic connotations,Mr Okada liberal punishment law,the social evolution of subjectivism denotation,social evolution from two aspects of positive and negative influence of qing dynasty revised criminal law,China today is reflection on the social evolution and value and so on has carried on the detailed combing.