A Research On "Criminal Law Of Qing Dynasty Approved By Emperor

"Criminal Law of Qing Dynasty Approved by Emperor" (hereinafter referred as "Criminal Law of Qing Dynasty") is a symbolic fruit of the legal reform in late Qing Dynasty. The significances of studying it lay in the many aspects. First, it shows us how the first specific code separate from the traditional code in which all laws are put in a same code. Second, it tells us how the legislators conciliate the conflicts between traditional Chinese criminal law and western criminal laws in legislating "Criminal Law of Qing Dynasty". Third, what affects the social background and legislation evolution have made on the legislation "Criminal Law of Qing Dynasty". Fourth, what inspirations the legislation and carrying out of "Criminal Law of Qing Dynasty" could give us. This dissertation uses many researching methods. Chapter one, which studies the legislation of "Criminal Law of Qing Dynasty", mainly makes use of the sociological method in reviewing the influences of social changes on legislation. Chapter two and chapter three, which studies the influence of western civilization on "Criminal Law of Qing Dynasty" and academic support to it, adopt a comparative method in discussing the influences of western criminal laws on "Criminal Law of Qing Dynasty" and the relationship between traditional law studies and contemporary legal science. Chapter four, which studies the practice of "Criminal Law of Qing Dynasty", adopts a case study method, basing the study on the analysis of the cases explained by the Supreme Court, and trying to reveal the practical situation after the law was put into force. Chapter five, which studies the Modernization of Chinese criminal law, adopts a synthesis study method, and discuses the lessons and experiences "Criminal Law of Qing Dynasty" left us.Law changes with time. The changes of nation and society and their interactions made "Criminal Law of Qing Dynasty" come into birth. The transferring in economic situation shook the economic base of the traditional law. The emergence of new generation of merchants gave a great impact on the leveling conception of the society. The reform of political systems called for a change in law. The import of western political theory and the new national conception emergency broadened the view of the people. The late-developed and cruel traditional legal system cannot fulfill the needs of the new changes. The birth of "Criminal Law of Qing Dynasty" is the result of time and situation.The rulers of the late Qing Dynasty, facing the conflicts of Chinese and western cultures, was in a quandary, they needed to take the regulations of the foreign counties in account and to consider the national situation, and had to make the criminal law accepted by both thepeople and foreign strong countries. But it was very hard to reconcile the soul of traditional Chinese culture, so the guideline of "Criminal Law of Qing Dynasty" was often in a contradiction. But the legislators' basic attitude of considering law and human feeling denied both the conservatives and jacobinical propositions and took a midway stand. It is a right and reasonable choice under that situation. The good legislation intention and new contents was not fully carried out in legal practice. "Criminal Law of Qing Dynasty", which mainly represented the spirit of western industrial culture backgrounds, was separated with the domain social background of agricultural civilization. When the law, as part of national systems, went to the end with the Qing Dynasty, the traditional conception as part of social life was still left in the brain of the people. The arguments concerning the enactment of "Criminal Law of Qing Dynasty" have already passed and became history, but the phenomena that law is not carried out or not carried out well and the legislation was separated enactment does still exist today. To some extent, the modernization of Chinese legal system progresses slowly, which was mainly embodied in that law application draggling behind legislation. It also shows the modernization of legislation is...