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Draft Qing Under The Criminal Law Of The Endorsements Listed In Vision Research

Posted on:2006-09-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:H C GaoFull Text:PDF
GTID:1116360152488028Subject:Legal history
Abstract/Summary:PDF Full Text Request
Among the legal reform in the last ten years of Qing Dynasty, it was the reform of the criminal law that stood in the breach. After the revising law hall presenting the bill of criminal law to the emperor in October of 1907, from 1908 to 1910, many heads of departments of Central govement and many heads of local govement, with many army generals presenting the suggestion of draft to the emperor successively, these suggestions are known as "endorsing". Under the background of the legal modernization in late Qing Dyasty, the "endorsing" was not only the essential legal procedure, but also a part of the controversy over feudal ethics and law. The "endorsing" was the chief motive force in the development of criminal law from the bill of Criminal law of Qing Dynasty to Criminal law of Qing Dynasty. At the same time, the "endorsing" was meritorious angel of view to observe the controversy over feudal ethics and law. Based on the summaries of the "endorsing",this dissertation analyzes three parts of defects in the bill of Criminal law of Qing Dynasty,including the basic legal principles,the basic criminal theories, and the speech and technology of law.With the authentic proof,the dissertation try to reconstruct the demonstration of legal reform in late Qing Dynasty and the controversy over feudal ethics and law. This dissertation consists of three parts: foreword , six chapters of text and conclusion. In the foreword, this dissertation define the scope of the main research object. Foreword introduce the present situation of the study, the material always be used, and the significance of this dissertation. Chapter one of text: " Law reform qf late Qing and Issue of the criminal law draft ". This chapter say the laws of ten years are reformed into the background with late Qing, explain the main framework ,and content of criminal law draft and formulation process of " criminal law of Qing Dynasty" especially. From1907 to 1911, the main period in latter stage of Qing Dynasty building law, celebrate prince Yi-kuang, as the Identity of the chief military plane minister , to be grand to lead the constitutional government to consult the hall of checking and writing. Is it make unique contribution others can't substitute to " is it build law latter stage of Qing Dynasty to regard the Shen 's as " to say at present. The function of Yi-kuang not merely lies in revising final and decisive juncture of law hall at crucial moment, offer the Shen 's support clearly;but lie in the fiercest time of battle of gift law even more, in a situation that it is inconvenient for the ruler to take a stand publicly at most, as he is the Identity of the chief military plane minister, stop up new criminal law suggestion of denying etc. of draft that from hall of constitutional government minister, is it come from every institute hall officer , every province, control the gift law battle in the range of the idea battle strictly, this has offered one that the legal principle is sent and sent the equal platform and chance argued with the Confucian or feudal ethical codes. Supporting and agreeing to Shen's " Issue of the criminal law draft " publicly is the key factor that " criminal law of Qing Dynasty" passes finally. Chapter two: " criminal law draft endorse with content understand ". After playing the criminal law draft on revising the law hall, according to legislative procedure, The check halls under the imperial court pay every central department institute hall officer , local province superintend and general of the interconnected system the endorsing suggestions. From 1908 to 1910, every Yamen plays the suggestion on the criminal law draft successively inside and outside Beijing, these suggestions are known as " endorsing ". An intact endorse Memorial to the throne should include issue to play and enclose to the general provisions of the draft and divide the inventory expressing an opinion to draft one by one originally whole view to include, namely the so-called " endorsing and playing originally " and " endorsing with the inventory". This ch...
Keywords/Search Tags:the draft of criminal law of Qing Dynasty, the endorsing, the controversy over feudal ethics and law
PDF Full Text Request
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