中国传统量刑制度的近代化——以《大清新刑律》为对象

On Change of Sentencing Institution In Late Qing Dynasty Law Revision

中国传统的量刑制度在清末修律中发生了很大的变化,清末刑律在法定刑的设定方面采取了相对法定刑制度,增加了关于酌定量刑情节的规定,从而扩大了法官量刑的权力。另外,传统法律中影响量刑平等的情节也大都被废止。民初的司法实践也能表明清末刑律中的量刑制度得到较为严格的遵守。

The China, s traditional sentencing system was changed very greatly in the law revision of late Qing dynasty. The late Qing dynasty adopted a relative legal punishment system in the setting of the criminals conviction, and Increased the regulation of the discretion plot, which expanded the sentencing power of judges. In addition, the plot in the traditional law which affected sentencing equality was abolished. The practice of the early republic of China also could show that the sentencing criminals system got more strictly abided.