Research On The Legislation For Crime By Taking Advantage Of Duty Of The New Criminal Code Of Qing Dynasty

The New Criminal Code of Qing Dynasty, which is hold by Shenjiaben, the Minister of Amending the Law, and Japanese scholars is one of the most important results of the Legal Reform of Late Qing Dynasty. It is also the first criminal code of modern China, which has absorbed the spirit of westen criminal, imitated the westen legislative technology and layout style. This papers mainly research the clauses about the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty. This papers thoroughly analyzed every kinds of crime by taking advantage of duty of the New Criminal Code of Qing Dynasty from differet aspects, such as the subject of crime, the subjective aspects of crime, the object of crime, the objective aspects of crime,the constitution of crime,the form of quantity of crime,measurement of punishments. This paper contrast the New Criminal Code of Qing Dynasty with Qing Codes and the 1880 Criminal Code of Japan and the 1907 New Criminal Code of Japan.This papers indicates the advantages and disadvantages of the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty, and provide the experience for the problem of the crime by taking advantage of duty today.In the part of introduction, it mainly elaborate the major significance of choosing the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty as the researching object of this papers. In this part, the author also introduced the present situation of the research about the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty briefly. The author also introduced the main research methods and the innovation of this papers.In the first part of this papers mainly elaborate the concept of the problem of the crime by taking advantage of duty. It mainly link up with the traditional Chinese theory of crime about the problem of the crime by taking advantage of duty, the function of modern criminal law, crimes of embezzlement and bribery that define the concept and scope of the crime by taking advantage of duty. In this part, it also introduced the problem of the crime by taking advantage of duty about Qing Codes, Active Criminal Law of Qing Dynasty, the 1880 Criminal Code of Japan, the 1907 New Criminal Code of Japan and the Temporary New Criminal law.The second part of this papers is about the individual analyse of the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty.In this part, the author analyse the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty in the way of the theory of the constitution of crime.The third part of this papers is about the comparison between the modern Japaese criminal code——the 1880 Criminal Code of Japan and the 1907 New Criminal Code of Japan and the New Criminal Code of Qing Dynasty in the problem of the crime by taking advantage of duty.It analyzed the 16 clauses about the crime by taking advantage of duty in the New Criminal Code of Qing Dynasty in detail and lead to the conclusion of myself.The fourth part of this papers is about the overall evaluation of the legislation of the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty.lt involve the advantages and disanvantages of the problem of the crime by taking advantage of duty of the New Criminal Code of Qing Dynasty.The fifth part of this papers is about the inspiration of the problem of the crime by taking advantage of duty and the conclusion of this papers.