Study On System Of Death Penalty By Law Of The New Criminal Code Of Qing Dynasty

Law of the New Criminal Code of Qing Dynasty is the first modernization code that absorb legislative spirit and imitate structure of style from the West,It also the beginning of China's legal modernization.This paper mainly analyze the death penalty of Law of the New Criminal Code of Qing Dynasty point by point.It analyze from crime constative requirement of each crime and legislative background of the time,at the same time,through compare with Japan's penal code in 1907,it elaborate the changes and development of death penalty system in the period of Qing Dynasty.In the introduction part,it briefly describe the meaning that made death penalty of Law of the New Criminal Code of Qing Dynasty as study subject and present research status.Meanwhile it elaborate research method and related bibliography.In the first part,it mainly introduce the legislative progress of Law of the New Criminal Code of Qing Dynasty.Including the legislative progress,which from Code of Qing Dynasty to Law of the New Criminal Code of Qing Dynasty,and the advanced aspect of penal system in Law of the New Criminal Code of Qing Dynasty.The second part is the main part.Through analyze and research crime of death penalty in Law of the New Criminal Code of Qing Dynasty,then refer to A Legislative Data Corpus of the Qing Dynasty's New Criminal Law to sort out it.It provides analysis and comparison between contemporary crime constitution theory of civil law and Code of Qing Dynasty,from all those,it can make more profound understanding for death penalty in?In the chapter three,through comparison and analysis concrete accusation between Japan's penal code in 1907 and Law of the New Criminal Code of Qing Dynasty.it gives insight into the character of death penalty of the day under the influence of society background,feudal regime and international situation.In the chapter four,it mainly describe the influence of death penalty in Law of the New Criminal Code of Qing Dynasty to later ages.In this part,it elaborate the influence for the aspect of spirit,and for the influence of later Northern Warlords period and national government period.