Nanjing National Government Criminal Legislation Research

The Nanjing national government continues the tide of criminal legislations reforms since the end of the Qing. Having inherited spirit and achievement of criminal legislations since the end of the Qing, criminal legislation of the Nanjing national government which is represented by "new criminal code of Republic of China "have finally reached a new altitude and got splendid achievement.PartⅠof the text have discussed the historical origins of criminal legislations of Nanjing national government. Prehominid's criminal legislation has provided the precious experience and lessons to Nanjing national government, criminal legislations of the Nanjing national government having inherited the criminal legislation spirit and frame of Beiyang government time government period basically. This introduction has provided history bedding and preparation to Nanjing national government criminal legislation.PartⅡof text has analysed theory and principle abided in Nanjing national government criminal legislation, these theory and principle have guided the whole criminal legislation process of Nanjing national government period. The whole legislation process is just these theory and principle are in behaviour in legislation actions, the analysis to these theory and principle is helpful to get the essence of criminal legislation of Nanjing national government from more high position.PartⅢof the text has introduced criminal legislation achievement of Nanjing national government, has seperately discussed two criminal codes and special criminal legislation. It has analysed the difference between legislation process, legislation attitude, legislation cause, legislation effect of two criminal codes, and also discussed that special criminal legislation. The big difference can be seen between the new criminal code and the old criminal code, so as to find promotion from the criminal legislation of Nanjing national government thereby.PartⅣof the text have analysised the character of criminal legislation of Nanjing national government. Firstly it summarized criminal legislation of Nanjing national government period inheriting to the prehominid and development; Secondly, it hase detailed analysed from China to foreign countries,from old days to nowadays on the rule of conviction and penalty according to law, in "new Criminal code of Republic of China"; finally it analysed the public security punishment system detailly which is most characteristic in the "new Criminal code of Republic of China".The final part of the text makes the thinking of Nanjing national government legislation. What is the reason of legislation reformation? In the process, of law reformation shall we need indispensable legislation again? Is the legislation again sure to be successful? What is essential and can not be ignored in the legislation? How to ensure the legislation effect can reach or approaching our desire? Today is opening and we are receiving a track of globalization, these problem are still very practical and significant, these will deepen our thinking on our current legislation reform.