Law and Society: Probe into the Criminal Law Reform of the Late Qing Dynasty
Cai Dao-tong
Abstract
Cai Dao-tong
Abstract
As a production of society, law affects it at the same time. The content and function is limited by society. The criminal law reform of late Qing Dynasty was an instinct response to the invasion from western countries. After reforming criminal law, western law concepts and rules had been introduced wholesale. The New Criminal Law of the Great Qing was a symbol of modern Chinese criminal law; in other words, it was also a production of simply transplanting western law that was out of line with society. Therefore construction of Chinese law modernization canget a profound revelation from it.
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As a production of society, law affects it at the same time. The content and function is limited by society. The criminal law reform of late Qing Dynasty was an instinct response to the invasion from western countries. After reforming criminal law, western law concepts and rules had been introduced wholesale. The New Criminal Law of the Great Qing was a symbol of modern Chinese criminal law; in other words, it was also a production of simply transplanting western law that was out of line with society. Therefore construction of Chinese law modernization canget a profound revelation from it.
Key concepts: Criminal law, Law, Chinese law, Modernization theory, Comparative law, Public law, Revelation, Political science