Criminal Law and Criminal Procedure Law Symposium (3) -- Research on the Transformation of Modern Chinese Criminal Procedure System (1895-1928)

Author: Li Chunlei
Publisher:
Publish Date: 2005-03-01
Features: During the period of Western legal concepts gradually influencing China and surrounded by foreign powers, China's modern criminal procedure system achieved significant breakthroughs and development through arduous and winding paths. Based on a review and reflection of China's traditional criminal procedure system, the author summarizes its four developmental stages and characteristics in ancient China's criminal procedure system. Additionally, the author analyzes the background, pathways, and concepts of the transformation of China's modern criminal procedure system. During this time, new legal principles such as the presumption of innocence and the principle of due process began to be introduced and developed in theoretical research and judicial practice. At the same time, the prosecutorial and lawyer systems were also introduced, and the prototype of China's modernized trial system began to take shape. During the Beiyang period, the Supreme Court created judgments and judicial interpretations, which not only became a convenient way to localize foreign legal resources but also served as important judicial references for various levels of judicial authorities. 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 exhibited continuity, progressiveness, and a harmonious integration of Eastern and Western elements. However, the criminal procedure system can only achieve greater development and progress when it advances in sync with political, economic systems, and legal culture.