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The Study On Sentencing Institution Of New Criminal Code Of Qing Dynasty

Posted on:2016-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2296330461451512Subject:Law
Abstract/Summary:PDF Full Text Request
New Criminal Code of Qing Dynasty is the first modern criminal code in the history of China and also is the beginning of modern Chinese criminal law. She plays an important role during the development of China’s criminal law. In the meantime,the traditional Chinese sentencing system also changed a lot in this code. New Criminal Code of Qing Dynasty is not only inherited the traditional sentencing system in our country, but also absorbs the western criminal law spirit and transplants the western sentencing system. Taking New Criminal Code of Qing Dynasty promulgation as the symbol, our country’s sentencing system entered a new time.This paper mainly reviews the sentencing institution of New Criminal Code of Qing Dynasty. It begins with the difference between the sentencing institution of New Criminal Code of Qing Dynasty and the sentencing system in criminal law in ancient China. Through the analysis of some law regulation, in particular, analyzing traditional Chinese sentencing system of criminal law of Han Dynasty, Tang Dynasty, Ming Dynasty,Qing Dynasty, we want to analyze the inheritance and change of sentencing system. Then it will evaluate and analyze the gain and loss of sentencing system in New Criminal Code of Qing Dynasty. New Criminal Code of Qing Dynasty’s theory and practice for solving sentencing system problem, offers a reference for our country today to solve sentencing system problem further.In the part of introduction, this paper mainly expounds the importance of choosing this problem as the research object. It also elaborates and introduces the status of the research on this problem of sentencing institution of New Criminal Code of Qing Dynasty. It also presents the study methods and the innovation of this paper.In the first part, the paper firstly defines the concept of sentencing. Secondly, it analyses the basic content of the sentencing system, which raises the important studying questions for latter in this paper. This part mainly relates to the concept of sentencing and analysis of sentencing system.The second Part of this paper is about the specific rules of sentencing in New Criminal Code of Qing Dynasty. Then, based on the rules of sentencing, we analyze the problems from the rules of sentencing detailed. Firstly, we comb the specific rules of sentencing, and then pursue the origin of this system and features, as well as its change and development.The third part of this paper is mainly about the change of the Chinese traditional system of sentencing, and then summarizes the characteristics of the sentencing system of New Criminal Code of Qing Dynasty. This code that has the inheritance of the traditional sentencing system and the transplant of the modern western sentencing rule, gradually forms its own characteristics.The fourth part analyses the cause of the characteristics of sentencing system in New Criminal Code of Qing Dynasty, from the political, economic, cultural, social aspects. Especially the cultural and the social aspects, such as the courtesy law battle of Qing Dynasty, affect sentencing system. The influence of sentencing system in the process of transformation is from the traditional Chinese legal system and the relationship between the traditional legal culture, and then the paper analyze "Confucianism" and "legal" contention in sentencing rules and its influence on the new criminal law.The fifth part is mainly for the overall evaluation of sentencing system in New Criminal Code of Qing Dynasty, involving the gain and loss of sentencing system, advantages and limitations.
Keywords/Search Tags:The New Criminal Code of Qing Dynasty, sentencing institution, characteristic, origin, modernization
PDF Full Text Request
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