| In the period of Beijing Government， China is disorder.Politically, the various forces are fighting for the centralauthority, the civil war continued. On the economy, small-scalepeasant economy is shock by international economic. Because offrequent natural disasters, a large number of people have to leavehome to make a living. Many people become bandits. In orderto punish Bandit,the Beijing Government has developed a number of special criminal law. By analyzing the content of the legal and studyingon the legal status of the implementation, we can enrich theunderstanding of the legal system of the Beijing Government.The article is constituted by the introduction and the body.First, the introduction described the reasons for the topic ofthis article, and to review the existed research. Second, it definedthe concept of bandits, and analysis the Bandit’s profile and causes.Then, it lists the types of Bandit. Finally, it compared the banditsand secret societies, bandits and soldiers of the relations anddifferences. Chapter I of the body is about the main content of punishingBandit law. The focus is on special criminal law and ancillaryprocedures, of which, the law on punishment of the Bandit is the mostimportant. The law on the punishment of the bandits included bothsubstantive law and procedural law. Its features mainly consists ofthe following several points： it only provides for the legal penaltyfor the crime of bandits to death, simplifying trial procedure andthe death penalty review procedure, provides offender not subject toappeal, and give the military chief legitimate jurisdiction. Otherrelevant legislation are organization rules on the police, Baojia,the merchants’ Corps, which has the right to catching Bandit.Chapter II analysis the implementation of the laws of punishingbandit. First, it describes the reward and punishment, theresponsibilities of the judiciary and the military. Then clear theeffectiveness of the Statute itself. Final statistics the number ofcases of bandits and the number of executions, through the datareflected the impact of the implementation of the law on punishingthe bandit.Chapter III used Dali Yuan interpretation and judgment as thecenter of research to study the implementation of the law. Throughthe analyzing of the interpretation and judgment, we can summarizethat Dali Yuan gave special guidance and explanation on the judgmentof the bandit cases. Finally, it compares the cases based on thespecial law before and after the coming into force.The fourth chapter is closing. The law on punishment of theBandit introduced under the influence of traditional heavy sentences,has a history of rationality, and played a positive role in some time.However, due to defects in the Statute itself, the interventions ofthe government and the military, the absence of the Constitution, it deviates from the rule of law, and eventually acted as the killingtools of the person in power, and become notorious evil law. |
