Re Evaluation Of The Interim New Criminal Law Based On Judicial Practice

The law revision activities in the late Qing Dynasty opened the curtain of the reform of China’s modern criminal law system and gave birth to the first criminal code implemented in China-the interim new criminal law.As for the interim new criminal law,scholars at home and abroad have affirmed the progress of the interim new criminal law from the perspective of legislation,but believe that in judicial practice,the advanced legislative thought has not been implemented,and the judges evade the constraints of the principle of legality,which reflects the severe punishment and severe law.Based on the analysis of the judgment documents of the crimes against property related to the people’s livelihood in the collection of the judgment documents of the court of the local court of Beijing,the author explores the causal relationship between the facts of the case in the case law,and analyzes the reasons and results of the judgment by referring to the relevant specific provisions in the interim new criminal law,Corroborate the principle of legally prescribed crime and punishment and the thought of light punishment and careful punishment still embodied in the judgment of the interim new criminal law.The article is divided into five parts.The main contents are as follows:The first part expounds the re evaluation significance and research methods of the interim new criminal law based on judicial practice,and combs the evaluation of the interim new criminal law in academic history.The second part summarizes the legislative background of the interim new criminal law,the law revision activities in the late Qing Dynasty,the promulgation of the interim new criminal law,and the theoretical basis of criminal law of the interim new criminal law.The third part discusses the representativeness of the collection of legal Cao Hui judgment slips of the local court of the capital,the reason for selecting the crime of theft and robber as the research object,and briefly arranges the crime of theft and robber in the collection of legal Cao Hui judgment slips of the local court of the capital.In the fourth part,in view of some scholars who believe that the interim new criminal law evades the restriction of the principle of legally prescribed crime and punishment in the judgment,the author demonstrates the principle of legally prescribed crime and punishment in the judgment by means of case analysis.The fifth part,in view of some scholars’ thinking that the interim new criminal law embodies the thought of severe punishment and maintaining autocracy in the judgment,the author analyzes the discretionary sentencing in the application of the interim new criminal law by means of case analysis,and demonstrates its thinking of light punishment and careful punishment in judicial practice.