Research on the Transformation of Modern Chinese Criminal Procedure System (1895-1928)

Author: Li Chunlei
Publisher:
Publish Date: 2004-08-01
Features: During the period of Western legal concepts gradually spreading to China and powerful foreign nations surrounding it in modern China, the criminal procedure system achieved significant breakthroughs and development through hardship and twists. Based on a review and reflection of the traditional Chinese criminal procedure system, the author summarizes its four developmental stages and characteristics in ancient China, and analyzes the background, pathways, and concepts of the transformation of the modern Chinese criminal procedure system. During this time, new legal principles such as the presumption of innocence and the principle of procedural legality began to be introduced and developed in theoretical research and judicial practice. At the same time, the systems of public prosecution and legal representation were also introduced, and the prototype of modern Chinese trial systems began to take shape. The judgments and judicial interpretation examples created by the Supreme Court during the Beiyang period not only became a convenient way to localize foreign legal resources but also became important references for judicial authorities at all levels. Meanwhile, the execution system also tended to become more civilized and differentiated from traditional penal systems. The author believes that, overall, the transformation of the criminal procedure system during this period has the characteristics of continuity, progressiveness, and the integration of Eastern and Western concepts. However, the criminal procedure system can only achieve greater development and progress when it develops in sync with political, economic systems, and legal culture.