Summary Account Of The Legislations About Griminal Laws In The Republic Of China

On the foundation of laws reformed by the Qing Government in late Qing Dynasty, it pushed forward gradually in the Republic of China that the progress of the modernization of criminal laws which were laid down. It was full of twists and turns from 《New Criminal Which Is Carried Out Temporarily》 to 《Criminal Law of the Republic of China》 which had been laid down in 1935 that the modernization of criminal laws had experienced from development to replies and then from development again to mature . This progress was also true portrayal of the social development in China at that time .This text gives an account which mainly relies on three aspects as followings :1 In the Republic of China penal codes would arrived at the level of modernization if they would had absorbed theories of criminal law in the west as its theoretical choice .When legislators laid down each penal code, they had longed for theories of criminal laws in the west. So each penal code and its draft is the results of their studies in the Republic of China.2 Criminal laws would arrived at the level of modernization in the Republic of China if they would had had to conflict painfully with law tradition when China was in old day . When legislators laid down criminal laws they had had to conflict with the tradition of feudal laws . So each criminal law or its draft is the history of their struggles .3 Legislations of penal codes filled with ideal with rule by law in the Republic of China, but they only stayed around the meanings of typeface because the reform of judicature did not go on thoroughly . So ideals with rule by law were killed mercilessly by the realities under the rule by autocracy .But legislations of criminal laws brought civilization of laws in the west to ancient China after all , their influence is profound . Rule by law has become one of the fundamental national policies during the period of reforming and opening up in China today . So it uses for reference that the experience and lessons about the legislations of criminal laws are summarized in the Republic of China in order to push rule of law forward further in our country .