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中国刑法历史悠久,绵延不断。民国时期,尽管社会震荡不羁,但是刑法的制定与修正工作从未中断,从源自于《大清新刑律》的民初暂行新刑律到北洋政府的两部刑法修正案,再到1928年和1935年的两部刑法典,加上诸多的刑事单行立法以及刑事司法解释及判例,尤其是在民国中后期形成了比较科学的刑事法律体系。然而,民国刑法的几度变更与修正,无疑是顺应了当时社会情势变迁的需要,还有思想观念与理论的更新为刑法的修正提供了可能。也只有在此基础上的法律制修工作,才使刑法的内容及体系不断完善和进步。当下的刑法修正也只有真正适应社会的需求,在丰富刑法理论与更新思想观念的基础上,才能推进刑法现代化与科学化的进程,更好地发挥刑法的价值和功能。
Chinese criminal law has a long history and stretches continuously. During the period of the Republic of China, despite the unrestrained social turmoil, the formulation and revision of criminal law have never stopped. From the early new criminal law in the early Republican period which came from the “Grand Qing criminal law” to the two criminal law amendments of Beiyang government, and then to 1928 and 1935 Years of the two penal codes, coupled with a large number of criminal legislation and criminal justice interpretation and jurisprudence, especially in the late Republic of China formed a more scientific criminal legal system. However, several changes and amendments to the Criminal Law of the Republic of China undoubtedly conformed to the needs of the social changes at that time, and the updating of the concepts and theories provided the possibility of amending the Criminal Law. Only on this basis can the laws and regulations repair work make the content and system of the criminal law continue to improve and progress. At present, the amendment of criminal law can only adapt to the needs of the society. On the basis of enriching the theory of criminal law and renewing the concept, it can promote the process of modernization and scientification of criminal law and give full play to the value and function of criminal law.