民国时期我国刑事司法状况探析

A Probe into the Criminal Justice in the Republic of China

刑事法治的实现不仅要有优良的法典,而且也要有稳定、客观、公正的司法适用。民国时期,虽然效仿西方制定了优良的法典,但由于受超前刑事立法、刑事司法环境的缺失、司法体系不完备、法学教育不发达等诸多条件的限制,制定出来的法典并没有很好地被适用,进而也没能起到改造社会、塑造社会的作用。

The realization of criminal ruling by law needs not only fine codes but also steady, objective and fair judicial application. In the Republic of China, fine codes learned from the west were formulated. But as a result of various restrictions, including the precocious criminal legislation, the lack of criminal justice surroundings, imperfect judicial systems, undeveloped law education, etc. , the codes formulated were not applied well; consequently, they didnt reform or rebuild the society.