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晚清时期,中国社会面临着前所未有的历史剧变。与此相关的沿袭了几千年的传统法律制度的变革亦时不我待。《钦定大清刑律》便是晚清修律的标志性成果。19世纪末20世纪初,正是西方刑法理论新旧两派激烈争论的时期。东邻日本,刑法学界也掀起了新旧学派理论争论的热潮。日本1907年的刑法典就是在新派理论指导下制定的。深受传统律学影响的中国法学界,当时还无力形成刑法学派,更谈不上参与新旧两派刑法理论的争论,但这并不说明晚清刑律的变革未受到新旧刑法学派理论争论的影响。事实是,清末的修律者已注意到西方刑法学派的理论差异,在起草刑律时是有取舍的。很难说模
In the late Qing Dynasty, Chinese society was facing an unprecedented historical upheaval. It is not too late to change the traditional legal system that has been followed for thousands of years. “Qin Qing Qing criminal law” is the landmark result of the late Qing law. The end of the 19th century and the beginning of the 20th century coincided with a heated debate over both the old and new theories of criminal law in the West. East of Japan, the criminal law academic circles also set off a boom in theoretical debate between the old and new schools. Japan’s criminal code in 1907 was formulated under the guidance of the theory of the new school. However, this does not mean that the criminal law reform in the late Qing dynasty was not influenced by the theoretical controversy of the new and old criminal law schools . The fact is that lawyers in the late Qing Dynasty have noticed the theoretical differences between Western criminal law schools, and they have a choice when drafting the criminal law. Hard to say mold