The Succession To The Japanese Criminal Code In 1907 By The New Criminal Code Of Qing Dynasty

The new criminal code of the Qing Dynasty was formulated under the auspices of Shen Jiaben,the law revision minister,following the Japanese criminal code in1907.It is the first modern criminal code in China.It has an important position and research value in the history of the modernization of China’s legal system.This thesis makes a comparative study of the controversial provisions in the new criminal code of the Qing Dynasty and the Japanese criminal code of 1907,tries to verify the degree and performance of the new criminal code of the Qing Dynasty on the Japanese criminal code of 1907,clarify the essence of the legal inheritance activities in the late Qing Dynasty,and evaluate it.The main body of the article is divided into four parts.The first part is the background of the formulation of the new criminal code of the Qing Dynasty and the reason for adopting Japan.The background of the formulation is divided into two aspects: first,after seizing the consular jurisdiction,the Western imperialist powers promised to give up the power if the Qing government could improve the laws and regulations,which became the direct reason for the revision of the laws in the late Qing Dynasty;Second,after the invasion of China by the Eight Power Allied forces,the die hards of the Qing government realized the shaking of their rule and tried to maintain their rule by reforming the law and amending the law in order to ensure the continuation of the dynasty.The reason for taking Japan is divided into four factors.First,social factors.During the reform movement of 1898,it advocated to learn from the social identity formed by Japan’s Meiji Reform and self-improvement,which became stronger and stronger with the deepening of the national crisis.Second,due to geographical factors,China and Japan share the same continent and language,and it is more convenient and convenient to adopt Japan.Third,cultural factors.Both China and Japan used to be part of the Chinese legal system,and both belong to the Confucian cultural circle,with similar customs.The fourth is the financial factor.The Qing government has been paying compensation for land cutting since the Opium War,and the funds for law revision were tight,while the cost of taking France from Japan was the lowest at that time.The second part is the inheritance of the new criminal code of the Qing Dynasty to the legal principles in the 1907 Japanese criminal code,which is divided into three aspects.The first is the inheritance of the principle of legality,including no crime without explicit provisions of the law,no punishment without explicit provisions of the law and no retroactivity of the law.The second is the inheritance of the principle of adaptation between crime and punishment,including denying the legislative inequality caused by identity relationship and the light punishment of the code.The third is the inheritance of the humanitarian principle of punishment,including the change of the name of punishment and the death penalty.The third part is the inheritance of the new criminal code of the Qing Dynasty to the legal system in the 1907 Japanese criminal code,which is divided into three aspects.The first is criminal defense and the second is probation.This part and the second part are jointly used to verify the degree and performance of the inheritance of the new criminal code of the Qing Dynasty to the 1907 Japanese criminal code.Although the new criminal code of the Qing Dynasty absorbed the Japanese criminal code in 1907 in a wide range,its inheritance process still took into account the national conditions at that time and made some legal innovations.The fourth part is the evaluation of the content of the new criminal code of the Qing Dynasty and its successor activities,which is divided into two aspects.The first is the evaluation of the content of the new criminal code of the Qing Dynasty,and the second is the evaluation of the inheritance activities of the new criminal code of the Qing Dynasty,which affirms that the new criminal code of the Qing Dynasty mainly absorbs foreign laws in the legal inheritance activities.