The Change Of Bandit Crime In Modern Chinese Criminal Law(1902-1949)

As one of the common criminal acts in modern China’s criminal law system,bandit crime seriously jeopardized people’s legitimate rights and interests and constantly disturbed social order.Especially in the late Qing Dynasty and early Republic of China,bandit rampant caused people to be displaced and suffering,and the social order fell into chaos.In various periods,the government issued criminal codes to punish.From the "New Criminal Law of the Qing Dynasty" in the late Qing Dynasty,to the "Provisional Regulations on Punishing Bandits" in the Beiyang Government,and then to the "Punishing Bandits Law" in the Nanjing National Government,the law has changed constantly in the long history,especially the regulation on bandits in the criminal law has gradually improved.Legislative analysis is made from the aspects of crime and punishment change,behavior composition,crime number form and legal interest protection.In terms of crime and punishment,the charges of punishing bandits have been changed in the legal text.The charges have changed from the original combined legislation of the crime of theft and bandit to the separate provisions of the crime of theft and bandit,and the punishment for criminals has changed from serious to mild,which just reflects the advanced legislative thought of protecting human rights.The regulation of criminal behavior is gradually refined.The identification of behavior is no longer generalized,but a case-by-case analysis is adopted to increase the scope of the pattern of criminal behavior and further specify the crime circumstances of bandit crime.In terms of the number of crimes,the distinction between this crime and that crime is becoming clearer and clearer.The distinction between the aggravation of a crime and the imposition of several crimes better reflects the protection of the defendant in the criminal law.The crime must be investigated and the severity of the crime is equal.In the aspect of legal interest protection,each criminal law follows different legislative principles,from family-based legislation to individual-based legislation and then to social-based legislation,which reflects that the change of law is closely related to social development.Based on the judicial practice to observe the change of bandit crime,the number of crimes from the late Qing Dynasty to the Beiyang government period and then to the Nanjing National government period,the legal application of bandit cases and legislation gradually,from dislocation to fit;The standard of bandit crime in modern Chinese criminal law has been refined continuously,from paying attention to the act itself to paying attention to the lawlessness of bandit behavior and finally rising to the judgment of the harm degree of criminal behavior to the victim,constantly sublimating the value of criminal law.In the form of crime number,bandit cases in each historical period are basically consistent with the legislative cognition,and the identification standard of the aggravation of bandit crime and other crime discrimination is more and more clear.In the end,the judicial process and the legislative process go hand in hand,presenting the most reasonable legal state in modern Chinese criminal law.To observe the change of bandit crime from the Angle of legislation and judicature,all of them show the development of law with The Times,more can perceive the change of modern Chinese criminal law,deeply understand the charm of the change of law,modern criminal law provides reference for the development of modern criminal law.Modern criminal law is the basis of modern criminal law.A close examination of its changes can not only understand the jurisprudence of the past,but also understand the direction of the future.