Study On Principle Of Criminal And Penalty Defined By Law Of The New Criminal Code Of Qing Dynast

In the late Qing Dynasty,China enacted a capitalist law,which is “The new criminal law of Qing Dynasty”.And introducing “the principle of legality “ from the foreign capitalist law determined its progressive color.The West is the place where the principle of legality appeared and developed in the modern sense.From the 13 th century onwards,the relevant provisions of the British law can reflect the idea of the principle of legality.With the development of the times,the principle of legality is more and more obvious in the legal provisions of the United States and France and other countries.At the beginning of the 19 th century,the French law clearly stipulated the principle of legality.The development of the law form this point of view can not be separated from the ideological level development of the thinkers such as Locke,Montesquieu and so on.The ideas they advocate played an important role in the birth of the principle of legality.Although the introduction of the principle of legality of the "The new criminal law of Qing Dynasty" was from the West,but in the late Qing Dynasty before developing the law,there were indeed some ideas about the principle of legality in China.But because of the lack of the basis of political system,there was not institutionalized crime legal in the ancient China.The rules of the principle of legality of the "The new criminal law of Qing Dynasty" included : the law does not pursue the past,the provisions of the specific types of penalties and the relative legal penalties,and the addition of the provisions of "no guilty" and probation and parole.The introduction of a new legal system must be driven by a wide range of factors.In the late Qing Dynasty,with the declining of the country,the rulers must change the law in order to maintain the rule.Under the dual influence of the Western evangelists and Western capital output,the Western legal ideas were passed into China continuously,which greatly affected people who desired national prosperity.The advancement of these progressive people is also one of the important causes of the principle of legality of the "The new criminal law of Qing Dynasty".In the end,the long-term prevalence of ancient China,which provided for the crime of torture,provided the institutional soil,and the aggression of the powers led to the loss of extraterritoriality.In order to conform to the trend of the times,the Qing government has gathered its eyes in the principle of the principle of legality of the principle of Western criminal law.However,due to the limitations of the times and classes,there were still many historical limitations and shortcomings in the principle of legality and punishment of the "The new criminal law of Qing Dynasty".The violation of the royal crime and the provisions of the provisional constitution made the strong feudal color of the new criminal law,hinder the implementation of the principle of legality.In addition,in the arrangement of charges,the crime of personal rights was placed in the last par in addition to t of the provisional,which shows its neglect of human rights issues.The relevant sentencing provides that the discretion of the judge was too large,and because of the limitations of legislative technology led to the implementation of the principle of legality of the lack of the necessary legal mechanism.Although there were many limitations and shortcomings in the principle of the crime of "The new criminal law of Qing Dynasty",it still has far-reaching influence.First of all,the abolition of human rights torture has long been abolished;secondly,the annexation and the ancient “Official " and “Eight" system was denied,and made suer that everyone could apply the law equality.After the demise of Qing Dynasty,the early days of the rulers also promulgated a series of requirements in line with its requirements under the influence of this principle.China's criminal law has taken the pace of modernization because of the introduction of this principle.In retrospect,the legal principles of the “The new criminal law of Qing Dynasty” still have many enlightenment to the current legal system construction.First,the legal reform should be thorough deeply,and the government should also keep a clear mind and make a careful analysis based on our national conditions,integrating of their own characteristics into learning of Western law.Moreover,some definition of "not guilty" circumstances can also provide a better solution to inspiration and inspiration to today's new type of typical cases.