清末刑法典编纂体例和结构的变化

清末刑法典编纂体例和结构发生了重大变化 :由以刑为主、民刑不分、诸法合体 ,走向民刑并重、刑民有分、诸法分立并以专门规定犯罪与刑罚为惟一内容 ;由刑事程序法与刑事实体法的合典编纂 ,到刑事程序法与刑事实体法的分立成典等等。这种变化 ,直接导致沿袭几千年的以刑事法律为主体的中华法系的解体 ,使中国法制走上了近代化的道路并对以后中国近一个世纪的刑事立法、司法产生了重大影响。

The Changes and Effects of the Framework of the Criminal Code Compilation at the End of Qing Dynasty

The framework of the criminal code compilation at the end of Qing Dynasty, which was first characterized as focusing on the criminal law, mixing up with the civil law and other laws, the criminal procedural law and criminal substantive law coming together, has been greatly improved into one in which the civil law is equal to the criminal law, the latter is separated from the former and other laws, only stipulating crime and penalty, and the criminal procedural law and the criminal substantive law has been compiled respectively, etc. Those changes has resulted in the disintegration of Chinese Legal System which had existed for several thousand of years and mainly concentrated on the criminal law, led to the modernization of China's regime, and produced great effects on China's criminal legislation and judicature in almost a century.