沈家本刑事法律思想

Shen Jiaben's Thought on Criminal Legality

20世纪初期,清政府为了挽救风雨飘摇的政治统治,不得不进行变法。沈家本受命修律后,本着"参考古今,博稽中外"、"折冲樽俎,模范列强"的宗旨进行了一系列修订法律的活动。在对刑律的修订中体现了沈家本废除肉刑、削减死刑、禁止刑讯的刑罚人道主义思想和吸收资本主义国家罪刑法定、故意、过失等刑法理论的开阔胸襟。

In early 20th century,the government of the Qing Dynasty had to reform for its own sake. Shen Jiaben,after receiving instructions to amend the law, carried out a series of activities in this regard. His amendment to the criminal legality reflected his idea of humanitarianism in abolishing physical punishment, reducing death penalty and forbiding extorting a confession by torture, and his open-mindedness in adopting some theories about criminal laws of capitalist countries.