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Research on the Cause of Codification of Criminal Law in Qing Dynasty
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청대 형사 법률의 법전화 동인을 논하다

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Type
Academic journal
Author
Wang Dong-Yang (중국정법대학교 법학원)
Journal
The Korea-China Society of Law 중국법연구 중국법연구 제49권 KCI Accredited Journals
Published
2022.7
Pages
199 - 218 (20page)

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Research on the Cause of Codification of Criminal Law in Qing Dynasty
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When it breaks away from the narrow narrative of “codification”, it reflects the legal codification tradition shared by the whole human civilization. In terms of legal practice in the Qing Dynasty, the codification degree of criminal law was gradually promoted through temporary statute compilation, institutionalized amendment and the judicial creation mechanism. Taking the different types of motivation as the standard, the codification process of laws and regulations is jointly promoted by system-based motivation and case-based motivation. The former emphasizes the certainty and stability of law in order to maintain the central judicial authority and restrict the discretion of judges; The latter emphasizes the effectiveness of the law, ensures the effectiveness of the social application of the law, and highlights the humanistic care. At the value level, no matter what kind of motivation type, political factors have a potential role. In fact, the phased improvement of the codification degree is the result of the value judgment and strategy selection of the political system.

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