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刑事法治的实现不仅要有优良的刑法典,而且也要有公正、及时等的刑法适用。民国时期,效仿西方的刑法典制定了优良的刑法规范,由于各方面条件的限制,其并没有很好地适用到社会现实当中。其原因是多方面的,既有社会政治方面的原因,也有刑法典本身的问题。长期缺乏安定的社会环境、不完善的司法体系、不发达的法学教育和超前的刑法立法影响了民国时期的刑法典的适用。
The realization of criminal law not only requires good criminal code, but also fair and timely criminal law. During the period of Republic of China, following the criminal code of the West, the fine criminal law norms were formulated. Due to the limitation of all aspects, it did not apply well to the social reality. The reasons are many, both social and political reasons, but also the problems of the criminal code itself. Long-term lack of stable social environment, imperfect judicial system, underdeveloped legal education and advanced criminal law legislation have affected the application of the Criminal Code during the Republic of China.