Research On The Criminal Law Reform From 1901 To 1911

In ten years of latter stage of Qing Dynasty, the criminal law reform that Qing Government pursued, the modernization of Chinese law important sign that take, it is the beginning that China's criminal law takes in modernization. Reseach of the criminal law reform ,can help us in an all- round way understanding law modernization intension that take.The criminal law reform is a dazzling spark . The new old legal culture, legal cultural conflict and dazzling spark that appear in the course of colliding of Chinese and Western in the latter stage of Qing Dynasty. The whole course of it include China traditional law move towards and take the basic intension of the course modernization, ones that have represented Chinese law and meet in the course of melting in modernization and a series of questions that will meet, have sizable enlightenment to the descendant. So the status that the criminal law was reformed in China's modern history and Chinese law history was very outstanding in the latter stage of Qing Dynasty. However, in the face of "dazzling spark" like this, I wonder what reason it is, but bury in heap of musty old books or papers of history for a long time, few people go explore it. At present, the study on reform of the criminal law of latter stage of Qing Dynasty of the academia, mostly confine to the legal angle, study and lack the abundant, systematic discussion through the historical angle. In view of this, this text criminal law history of reform performed and passed in and out to take place from latter stage of Qing Dynasty promptly, know its position and function in Chinese law modernization.Chinese ancient law, of extensive knowledge and profound scholarship, establishes one's own system, puts criminal law first particularly, bright punishment is assisted and taught, cuts off never one year. It is replaced by the criminal law issued newly until latter stage of Qing Dynasty. Brief to sum up China's traditional criminal law emerging until the train of thought of development of Qing Dynasty, outline analyze Qing Dynasty structure, system, characteristic of criminal law, help in an all-round way knowing the knowledge of the criminal law reform .Since modern times China entered, domestic trouble and foreign invasion, the new or old things are lumped together , this disappear he long, feudal China changes without end. Under such a heavy environment, pursued the reform of the criminal law in 10 years of latter stage of Qing Dynasty, hid reasons in many aspects behind one's back. Western imperialist powers utilize in extraterritoriality that China enjoy, encroach on China's judicial sovereignty wantonly, having brought to China and endanger seriously, this becomes immediate cause which reforms the criminal law. Get female one, hole of piece Liu from Gong Zizhen, Wei Yuan, from cause and use and send to the reform group by generation, all care Chinese kind and upright men of criminal law call upon criminal law ofreforming strongly, adapting to the change of the modern society, their thought speech has offered the continuous thought motive force without cease for reforming the criminal law. Little country Japan emerged rapidly and defeated heavy Qing Dynasty at one blow , made the whole country shake . Compatriot treat to Japan with special respect from then on, Japanese criminal law success of reform establish learn model for Qing Dynasty.The reform of the criminal law was carried on the ground orderly in the latter stage of Qing Dynasty. Improved the original law at first, investigated Japan at the same time , translated the books, studied experience. Then the government made the transitional criminal law " current criminal law ", Moreover, with the help of foreign expert, made the new criminal law draft, fierce to discuss , issued "the heavy fresh criminal law ".In the first ten years of the 20th century, China was in deep distress and difficult cases, it is really estimable that the Qing Government can pursue the reform of the criminal law in a planned way. The more important thing is ,...