民国前期刑事诉讼法制变革述论

On the Innovation of Criminal Litigation Legality during the Early Republic of China

清末尤其是民国前期,传统司法以欧日体制为蓝本,开始近代转型。在刑事诉讼法制领域,确立起检察公诉、四级三审、言词辩护等新式制度。此一时期刑诉法制建设,涤荡封建法制残余,用心采纳欧日各国先进诉讼原则,其所定刑事诉讼程序,已大异于封建时代的旧法,彰显出融入世界先进文明的特点。

Traditional judicature began modern transform according to the system of Europe and Japan\ from the late Qing Dynasty,especially in the early of Republic of China. New institution such as inspecting public prosecution,plead had been established in the field of legality of criminal litigation .The construction of legality of criminal litigation at that time destroyed the remnants of feudal legality and absorbed advanced litigation principle from Europe and Japan. Its procedure of criminal litigation was different from the old law of feudal time and emerged the feature of advanced civilization of world.