The succession and development of voluntary surrender in the current code of criminal law compares the voluntary surrender in criminal law of Taiwan area with criminal law of Mainland, compares the current criminal law with the ancient criminal law ,to find out the common and different aspects, and definite the succession and development of voluntary surrender than everThe discussions on two problems of voluntary surrender in current code of criminal law are the essence of voluntary surrender and surplus crime's voluntary surrender.
The current voluntary surrender in criminal law of Mainland and Taiwan has developed on the basis of the new criminal law of Qing Dynasty, and is also the succession of the voluntary surrender in ancient criminal law.
On Development of "Comparison and Analogy" of Ancient China's Criminal Law and Ultimately Establish of Principle of "a Legally Prescribed Punishment for a Specified Crime
This part makes a detailed expositionand comparison about the theory and legislation of the CriminalLaws in different Law Families and, in view of the ChineseCriminal Law, it puts forward the necessity to make a further studyon the Indirect OffencePart II: The conception and constitution features of the IndirectOffence.
This section, beginning with the instigator in ancient China's criminal law, examines the instigator in the ancient, modern, revolutionary base's and new China's criminal laws together with that in ancient, modern and some other socialist countries' criminal laws.
Linking with the meaning of negligence in modern criminal theory, the author sorted out the related historical documents and scholars' arguments, concluded the regulation's distinct of negligence in antique Chinese criminal law, then put forward another opinion.
The principle of mutual concealment in the ancient criminal law has its own history and the cultural tradition that the principle is based on. The political,legal and agnate system in our ancient society are symbiotic. So the principle is destined to generate and establish. Just based on this, there is a com-paration on the primary spirit between the ancient law and modern law. The aim of the condemnation on the principle, with such a traditional subject --the contradiction between law and morality -- is to...
It had been a habitual practice of the rulers in ancient China to use the criminal law to regulate matters relating to Buddhism and Daoism. The Law Codes of the Tang Dynasty, the Unified Penal Code of the Song Dynasty, the Law Codes of the Great Ming Dynasty and the Law Codes of the Great Qing Dynasty all contained provisions on such matters as the legal status of Buddhist or Daoist clergies, the prohibition on assuming positions of Buddhist or Daoist clergies without authorization, protection of statues of...