Study On The Commutation Of Punishment By The Law Of The New Criminal Code Of Qing Dynasty

As the master of the late Qing revision of the Criminal Law,the New Criminal Code of Qing Dynasty has an important position in the history of Chinese criminal law.The New Criminal Code of Qing Dynasty was formulated in a major period of social transformation in the late Qing,and its formulation background and formulation process have certain particularities.Among them,there are both the influence of the modernization of the external western criminal law,and the need for the transformation of the internal traditional criminal law itself.The modernization of criminal law gradually disintegrated traditional Chinese criminal law,and the rulers of the Qing Dynasty also conformed to this international trend.At the same time,they also wanted to solve the internal and external troubles of the Qing court through law modification and continue to maintain its feudal rule.New Criminai of Qing absorbed western criminal law principles and thoughts,In the protection of human rights of criminals,Penalty setting,Criminal law system centered on free behavior made relatively complete regulations,To compared with the traditional punishment system in ancient my country,Criminal law has obvious advantages of light punishment,As a westernized legal concept,the light sentence of criminal law refers to the application of light punishment in the legislation and justice as far as possible in criminal law.New Criminai of Qing on the basis of absorbing western legal thought,inherited and developed the traditional Chinese theory of innocence and added a parole system to the sentencing system.A probation system was added to the execution of penalties,abandoning the ancient traditional humane execution method of the death penalty,use hanging as the only method of execution.Made more perfect regulations on free punishment,physical punishment replaced by property punishment,In the process of revising the criminal law,moral and legal disputes also have an important impact on light punishment.Regarding adultery without a husband and children rebel against their parents,there is a heated debate between the moral side and the legal side.The resulting academic thoughts are still necessary for research now.With the reduction of penalty,western legal thought began to spread in China.Western legal thought has an important influence on China’s penalty reduction.Shen Jiaben,as a pioneer in the modernization of criminal law in China,has received a great influence from western legal thought.However,Shen Jiaben’s worship of Western Methodology also made many mistakes.The excessive pursuit of penalty reduction has resulted in the criminal law not being able to punish crimes well.Those who amend the law want to recover the consular jurisdiction by studying Western legal thoughts,which is a great damage to the criminal law.The law is amended to meet the needs of the country and maintain social stability.The revised law deviated from the previous goal and the results produced could not meet the needs of society.We must study foreign legal theories on the basis of national conditions,absorb historical lessons from the process of amending the law.