Research On The Punishment Of Banditry Law

The Republic of China has just been established,the social order is chaotic,the bandits are full of,and the social order at that time was seriously damaged.Although the Beijing government of the Republic of China was a legitimate government in China,its resources for the management of bandits were seriously inadequate.On the legal level,the "temporary new criminal law" inherited from the results of the previous legal reforms,because of the light punishment,in the chaotic society,has created a problem of conniving at criminals,and "temporary new criminal law" Shortly after the promulgation,if the suddenly changes,it will hurt the stability of the law.Therefore,the Beijing government of the Republic of China,while retaining the "temporary new criminal law",remedies the deficiencies in the criminal law by promulgating special laws.From the financial and institutional perspectives that the Beijing government of the Republic of China can control,the Beijing government of the Republic of China cannot effectively control banditry.Since the founding of the Republic of China,it has been in a serious situation of the central government's financial deficiencies.It has repeatedly passed international loans,and domestic fiscal revenues are insufficient.Among them,the salt tax and the tariff are guarantees for external claims,and the income is obviously insufficient,but the fiscal expenditure is there are many places.In addition to the indemnity,there are still domestic public debts to be paid back.The financial question constantly afflicts the new Republic of China.At the same time of financial deficiencies,the construction of the system as a means of universalization has made the Beijing government of the Republic of China difficult to govern,let alone to control the bandits.From the perspective of external society,the Republic of China's banditry was full of dangers to the interests of the imperialist powers in China,and thus repeatedly pressured the Chinese government to speed up the bandits in the country,or to add troops to China.Under the imperialist powers of economic aggression,political oppression,and military threats,the Beijing government of the Republic of China should also take the governance of bandits as a matter of urgency and punish domestic bandits as soon as possible.In this situation of internal and external difficulties,the Beijing government of the Republic of China is based on the traditional idea that penalties change with the times,and in accordance with the special law of "killing people in criminal sites",the law enacted the "Punishment of the Bandit Law" as a special law for the "temporary new criminal law".Later,the Beijing government of the Republic of China,with the "Punishment of the Bandit Law" as the center,successively promulgated the "Implementation of the Law on the Punishment of the Bandit Law" and the "Methods for the Application of Laws in the Cases of Bandit Laws",thereby establishing a set of applicable legal rules for cases of banditry.The "Punishment of the Bandit Law" was promulgated in November 1914,and its content was directly derived from the "Regulations on Punishment of Bandits" promulgated in July of the same year in the form of a presidential decree.The "Punishment of the Bandit Law" was passed through the Third Reading of the CanZhengYuan on behalf of the Legislature,and was promulgated by the President.It is the 17 th Law.There are eleven articles in the law,which respectively stipulate the applicable objects and scope of application of the law,the organs that apply the law to adjudicate cases of bandits,and procedural rules applicable to cases of banditry and death penalty execution filing system.Although the law stipulates extremely serious absolute death penalty penalties,the applicable procedures are also significantly reduced,and the military can directly hear cases of bandits according to this law.However,from the recording of the CanZhengYuan on behalf of the Legislature,the legislative intent and original intention of the law are obvious.There is prevention against the abuse of the law,but pre-enactment legislation often makes it difficult to predict the appearance of the law in judicial practice.The "Punishment of the Bandit Law" has caused many problems in judicial practice.When legislation is difficult to remedy in time,the DaLiYuan,which is the highest judicial organ in the country,assists in the implementation of legal compliance by the "Punishment of the Bandit Law" through the issuance of interpretations and cases.Although the DaLiYuan is not a direct trial institution for the bandits case under the "Punishment of the Bandit Law",because of its special status and authority,the interpretations and cases of the DaLiYuan have become an indispensable aid to the correct implementation of the law.Although in the later period of the Beijing government of the Republic of China,because of the warlord's melee,the "Punishment of the Bandit Law" became a tool for oppressing and exploiting the people in the hands of warlords everywhere,but it was also indelible for the great significance that it promulgated in the early years of the Republic of China.