A Study On The Legislative Evolution And Application Of The Legitimate Defense System In The Late Qing Dynasty And The Republic Of China

At the end of the Qing Dynasty,the western powers opened the door to China.The Qing government,under pressure,announced that it would completely abandon the inherent laws and carry out reform.China’s laws have undergone earth-shaking changes,from the legislative spirit to the style and structure to the text content.There was no concept of justifiable defense in the ancient law of China,but the concept and content of justifiable defense were scattered in various sub-rules.In 1911,the Criminal Law of the Qing Dynasty was finally published as the first modern criminal code in China’s modern history.Since then,with the continuous change of political power and the dual influence of Chinese and Western culture,the legitimate defense system has changed several times.Under the legislative purpose of connecting China and the West,western thoughts and traditional Chinese ethics have been constantly adjusted in the conflict,not only retaining traditional Chinese ethics,but also introducing advanced western legal thoughts,making it unique.This paper mainly takes the justifiable defense system of the late Qing and the Republic of China as the research object,combs the legislative evolution of the justifiable defense system of the late Qing and the Republic of China,summarizes the reasons for the evolution of the justifiable defense system of the late Qing and the Republic of China,explores the application of the justifiable defense system in judicial practice,analyzes the controversial points in its application,analyzes the characteristics of the justifiable defense system of the late Qing and the Republic of China,and explores the enlightenment for the contemporary era.The text is divided into three parts.The first part describes the establishment and evolution of the legitimate defense system in the late Qing and Republic of China.Due to the cultural and legal differences between China and the West,the process of legitimate defense legislation is difficult and full of controversy.In 1911,the justifiable defense clause came out with the release of the "Criminal Law of the Qing Dynasty".Since then,the legitimate defense system has undergone many changes.Starting from the text of the articles,this article analyzes and discusses the chapter structure,defense causes,applicable restrictions,and changes in the punishment of excessive defense,sorting out the evolution process of the legitimate defense system during the late Qing and Republic of China periods,and exploring the reasons for the evolution of the legitimate defense system.The second part analyzes the applicable types of cases and the relationship between precedents and clauses,and specifically analyzes the disputes arising from the judicial application of the justifiable defense system.The third part mainly discusses the characteristics and enlightenment of justifiable defense system.In legislation,the justifiable defense system conforms to the evolution trend of modern criminal law and is the beginning of breaking the feudal tradition.However,from the case,it can be seen that the old ideas of feudal social norms and teachings still exist.As the beginning of breaking the old law,the justifiable defense system in the late Qing and Republic of China period also brought enlightenment to the current law of our country.