Since the early stages of the West France period,the crime of homicide has been categorized into intentional manslaughter and manslaughter based on subjective intention.Commencing with the instances of fighting and killing in the Qing Dynasty,this paper explores the modernization transformation of criminal law from two dimensions:legislation and justice.During the Republic of China,efforts were made to move away from the"concrete situation"type of legislation and replace it with abstract concepts.Consequently,legislation faced delays,making it challenging to precisely classify the crime of fighting and killing in the Qing Dynasty as intentional or negligent manslaughter.To address this,the crimes of death from injury and affray were introduced to fill the gaps.Judicially,judges rarely cited Western legal terms when handling cases,continuing to rely on the Qing Dynasty model based on specific cases formed by criminal tools and acts to adjudicate cases.Drawing parallels with the transformation of criminal law in the late Qing Dynasty and the early Republic of China,the ongoing legal reform in China should prioritize reform impetus,standardize legislative language for ease of understanding.
关键词
斗殴杀/伤害罪/情形/近代化
Key words
fighting and killing/crime of injury/situation/modernization
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