Traditional Chinese Law " Legal Definition "

As the theoretically basic question in Criminal Law,a legally prescribed punishment for a specified crime,which aims at restricting one nation's punishable rights and guaranteeing the human rights of n ional,arises initially in the people's field of vision as thoughts.It evolves from thoughts into pinciple in the eastern and western legal culture.This thesis explores "a legally prescribed punishment for a specified crime" in Chinese traditional legal culture.The author intends to find out that the thoughts of a legally prescribed punishment for a specified crime have existed doubtless in the ancient criminal codes and records and decrees,while the principle of a legally prescribed punishment for a specified crime has not come into being really in legislative and judicial practical operation of the feudal society because of the men-ruling spirit which is rooted deeply in traditional Chinese legal culture.Furthermore ,the author explores during the legal reform at the end of Qing Dynasty,Shenjiaben,who assumed minister of the legal reform,had put forword systematically ideas on a legally prescribed punishment for a specified crime .And an acute debate took place between Shenjiaben and those who adhered to Confucian ethical codes.Ultimately,in order to conforming to the historical trend of the times ,the principle of a legally prescribed punishment for "a specified crime had been established in the Legal History of China However,because the Qing Dynasty was turnovered the principle had not been put into force promptly.Only ruling by law and the idea of a legally prescribed punishment for a specified crime striking root in the hearts of the people the principle of a legally prescribed punishment for a specified crime could be implemented trully.