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Integration Trend In Criminal Legislations During The Early Stage Of China's Law Modernization

Posted on:2011-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:L M LinFull Text:PDF
GTID:2166360305979921Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China's law modernization begins with law reforms and modifications in the late Qing Dynasty, among which the reform and change in criminal aspect had resulted in a series of statutes with visible traits of modernization, including specific regulations for criminal substantive law, procedures and implementation. These regulations were remarkable not only for separate high efficiency, but also for their close connection in law spirit and well coordination in designs of detail provisions with each other, giving a clear demonstration of distinct integration trend in criminal legislations. By adopting both the jurisprudential and historical approaches this article probes into the integration trend in criminal legislations during the period of criminal law reform in the late Qing Dynasty. The entire article is consisted of six parts: the first Chapter gives definition to the term of"integration of criminal legislations", thus setting the borders for the discussion; Chapter Two as the basis of the following Chapters shortly reviews the process of law reform in the late Qing Dynasty and gives brief comment on the achieved effects in criminal field; Chapter Three discusses the relation between the guiding policies and principles of the late Qing's law reform and the integration of criminal legislations, as well as insights into the integration from the academia home and abroad; Chapter Four gives a demonstration on the specific criminal regulations'embodiment of the integration from both the angels of legislative spirit interminglement and designs of provisions; Chapter Five focuses on the integration's relation with the separation of legal branches by analyzing the"unity of opposites"relation between the two featuring by"separation"and"unification"; based on a brief comments on the integration trend, the final Chapter undermines the regular patterns reflecting from the integration of criminal legislations during the late Qing's criminal justice reform. In addition, the integration's significance to the present criminal institutions of China are discussed through a reflection on the existing problems raised from today's criminal system and corresponding solutions. This article is likely to be the first attempt from a perspective of China's legal history to examine the issue of criminal legislation integration. By elaborating the criminal legislation integration trend in the early stage of law modernization, this article is aiming at expanding the boundaries of research on the criminal legislation integration in terms of time and space, exploring the values of historical legacy to the present times in an expectation to"make the past serve the present"and therefore make contributions to the development of criminal justice in China.
Keywords/Search Tags:integration of criminal legislations, modernization of law, criminal law reform in the late Qing Dynasty
PDF Full Text Request
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