2006Ha'erbin Shi-Zhuan xuebaoRequires access

On the Reform of Criminal Law During New Deal Movement of Late Qing Dynasty

Huang Guo-yao

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Abstract

In early 20~(th) century,Qing Dynasty began to implement the New Deal,in which legal system reform was one of the important measures.The legal system reform began with revision of criminal law.New Criminal Law of Qing Dynasty was enacted after a nearly ten-year preparation and legislation.The criminal law was revised in terms of its layout and framework,accusation,and system of punishment.It established such modern criminal law principles as separation of ceremonial rites and regulations from criminal law,crime judged by law,legal equality and penalty humanitarianism.The criminal law reform,which has disintegrated Chinese legal genealogy,is an important milestone in the modernization of Chinese criminal law.However it wasn't played an effective role in its time.This reveals that people in modern society should build up modern criminal law concepts in stead of traditional one.

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In early 20~(th) century,Qing Dynasty began to implement the New Deal,in which legal system reform was one of the important measures.The legal system reform began with revision of criminal law.New Criminal Law of Qing Dynasty was enacted after a nearly ten-year preparation and legislation.The criminal law was revised in terms of its layout and framework,accusation,and system of punishment.It established such modern criminal law principles as separation of ceremonial rites and regulations from criminal law,crime judged by law,legal equality and penalty humanitarianism.The criminal law reform,which has disintegrated Chinese legal genealogy,is an important milestone in the modernization of Chinese criminal law.However it wasn't played an effective role in its time.This reveals that people in modern society should build up modern criminal law concepts in stead of traditional one.

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Available abstract

In early 20~(th) century,Qing Dynasty began to implement the New Deal,in which legal system reform was one of the important measures.The legal system reform began with revision of criminal law.New Criminal Law of Qing Dynasty was enacted after a nearly ten-year preparation and legislation.The criminal law was revised in terms of its layout and framework,accusation,and system of punishment.It established such modern criminal law principles as separation of ceremonial rites and regulations from criminal law,crime judged by law,legal equality and penalty humanitarianism.The criminal law reform,which has disintegrated Chinese legal genealogy,is an important milestone in the modernization of Chinese criminal law.However it wasn't played an effective role in its time.This reveals that people in modern society should build up modern criminal law concepts in stead of traditional one.

Key concepts: Law, Criminal law, Chinese law, Political science, Punishment (psychology), Comparative law, Modernization theory, Public law

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