民国刑法的修正与完善之考析

Analysis of the Correction and Improvement of the Criminal Law of the Republic of China

中国刑法历史悠久，绵延不断。民国时期，尽管社会震荡不羁，但是刑法的制定与修正工作从未中断，从源自于《大清新刑律》的民初暂行新刑律到北洋政府的两部刑法修正案，再到1928年和1935年的两部刑法典，加上诸多的刑事单行立法以及刑事司法解释及判例，尤其是在民国中后期形成了比较科学的刑事法律体系。然而，民国刑法的几度变更与修正，无疑是顺应了当时社会情势变迁的需要．还有思想观念与理论的更新为刑法的修正提供了可能。也只有在此基础上的法律制修工作，才使刑法的内容及体系不断完善和进步。当下的刑法修正也只有真正适应社会的需求。在丰富刑法理论与更新思想观念的基础上．才能推进刑法现代化与科学化的进程，更好地发挥刑法的价值和功能。

China＇s criminal law has a long history. During the period of the republic of China, although suffered in the social unrest, the work of formulating and revising the criminal law had never interrupted. We can find that the temporary new criminal law origin from New Criminal Code of Qing Dynasty in the early republic of China, two criminal law amendments in Beiyang government period, the 1928 and 1935 penal codes, along with many of the criminal legislation and criminal judicial interpretation and precedent, especially in the later period of the republic of China they formed a more scientific system of criminal law. However,several changes and corrections of the criminal law of the republic of China conformed to the demands of the social situation changes at that time, and the renewal of the concept and theory made it possible to correct the criminal law. And only the legal formulating and revising work on this basis could support the content and system of the criminal law constantly improving. The current revision of criminal law need really adapt to the demand of the society, on the basis of enriching the criminal law theories and updating ideas and concepts, it can promote the modem and scientific process of criminal law, better giving play to the value and function of criminal law.