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20世纪大陆法系的发展主要体现在以宪法为核心的公法理念与制度的发展。宪法领域,对人权保护从消极走向积极、从国内走向国际,以进一步保护人权、限制公权;在行政法领域,行政法院以及行政判例制度的建立推动了行政法制的发展和完善;在刑法领域,重罚主义和宽缓主义虽屡有交替,但以废除死刑为契机,“刑罚宽缓化”、“非罪化”等人道主义措施终占上风。
The development of the civil law system in the 20th century is mainly reflected in the development of the concept and system of public law centered on the constitution. In the area of constitutional law, the protection of human rights has gone from negative to positive and from the domestic to the international so as to further protect human rights and limit public rights. In the field of administrative law, the establishment of administrative courts and administrative precedent systems has promoted the development and improvement of the administrative legal system. In the area of criminal law Although frequent heavy punishment and leniency have alternated, the abolition of the death penalty has taken the turning point and the humanitarian measures such as “leniency of punishment” and “non-criminalization” have taken the upper hand.