The Preliminary Research on "Active Criminal Law of Qing Dynasty"
|School||China Youth Political College|
|Keywords||Amending Penal Code In Late Qing Dynasty "Active Criminal Law of Qing Dynasty " Internationalization Localization|
This thesis tries to explore "Active Criminal Law of Qing Dynasty " which is one of the important results of law amending in late Qing Dynasty, therefore, comprehensive and intensive study on it will lead to advantages as follows : the first of all, the study contributes to grasp overall and understand more thoroughly criminal law reform movement in late Qing Dynasty. The second , we will better grasp the final evolution process of Chinese legal system in the nineteen century and research deeply on the ignored theory of criminal law and advanced principles of criminal law which have been still implied in "Active Criminal Law of Qing Dynasty " in the past. The third, the intensive study on " Active Criminal Law of Qing Dynasty " helps to better link itself with "Great Qing Code" and "Qing New Criminal Law", and helps to fill gaps in the area of criminal law reform movement in Late Qing Dynasty. The forth, the comprehensive study on "Active Criminal Law of Qing Dynasty " aids us to acquire historical experiences and then explore localization and internationalization of Chinese criminal law by the experiences and lessons in the process of modernization of the penal code. Also, it will help to provide the reference to make us select the right direction to do the legal reform in contemporary in China, and to provide theoretical support for creating a harmonious society and the law-obeying society .In this thesis, the author uses history and legal research methods . It consists of four chapters, In the first chapter , the author introduces the background and the development process of drafting "Active Criminal Law of Qing Dynasty ", It focuses on the full-society background in Late Qing Dynasty, especially the slowness of drafting and the influence from Japan because Japan just reformed its laws. The second chapter is mainly involved in the concrete content and the new clauses which were put into " Active Criminal Law of Qing Dynasty ". It mainly focuses on the style changes, additions, and amendments to old laws; It also introduced two subsidiary documents of "Active Criminal Law of Qing Dynasty ", namely, " Drug-Prohibited Decisions" and "Autumn Trial Clauses." In the third chapter, the author discusses the succession to the ancient Criminal Law theory and basic principles of criminal law in the nineteen Century. In the last chapter, the author analyzes the enforcement, influence, status and problems in its drafting process of "Active Criminal Law of Qing Dynasty ", and the author concludes references for internationalization and localization of Chinese criminal law.