A Study On The Dispute Of "China's Heavy Punishment And Western Light Punishment" Since The Late Qing Dynasty

This article insists on the principle of'system self-confidence","theoretical self-confidence" ,"road self-confidence ","cultural self-confidence",refine "rule of law self-confidence". Based on the controversy of the leniency punishment in the West as well as the severity punishment in the East since the late Qing dynasty, to understand the phenomenon comprehensively, objectively and justly by analyzing the origin, process, feature and essence of this controversy. In the meanwhile, by means of studying the influence and significance of the distinct controversy between the East and West, it is better to further analysis the theory of the relativity and sovereignty of the punishment, which could also have the embodiment of the judicial independence. Thus in the developing trend of mitigation of punishment, keeping insisting on the principle of'rule of law self-confidence" in the process of the judicial system reform would be the key point to further perfect China's judicial system.Firstly, this paper fundamentally defines the concept of punishments. Light and Heavy punishments and the distinct degree of punishment between the East and West, expounds the significance of studying the distinct punishment between the East and West. Secondly, the paper discusses several disputes of the distinct degree of punishment between the East and West from late Qing Dynasty to Modern China, in order to reveal the origin, course and result of each dispute.Thirdly, from an angle of view of cultural relativism, whether it is significative to debate the distinct degree of punishment or not should be seen as that there are no pros and cons of culture but suitability. Through analyzing the globalization so as to reveal the essence of the debate would be the utilitarianism that the western country would like to interfere in the internal affairs of China. Finally,with regard to the controversy of leniency and severity of punishment between the East and West country, it is helpful to understand the debate dialectically. In order to figure out the nature of the controversy, not only blindly following the Western country's criminal culture and penal theory, but also being confident to set up a legal system with Chinese characteristic socialism, in order to localize the law to ensure it would suit China's actual conditions, based on the principle of"theoretical self-confidence", "system self-confidence", "rule of law self-confidence","cultural self-confidence" and so on.