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Shen Jiaben (1840-1913), styled Zidon, alias You 簃, Wuxing, Zhejiang (present Zhejiang Province)
Huzhou
People, officials, jurists in the late Qing Dynasty.
New legalists
The representative.
Tongzhi of Qing Dynasty
In the first year (1862), he was a Jinshi in the ninth year of Guangxu (1883)
Zhili
Department of Shaanxi
Be in charge of writing or writing
A letter from the Ministry of Punishment
Pan Zuyin
Appreciated. ren
Mukden
(now
Shenyang City
) Si Zheng, editor-in-chief, and
Office of autumn procurator
Do it,
Statutes Hall
Assistant, and then promoted to associate, management and so on. As governor of Tianjin, he combined leniency and strictness with benevolence and power. Be transferred to another post
Baoding
After the governor, in the lesson plan
Pressing manipulation
Argue your case and handle it well. Promoted in
Tongcoopers
, Shanxi
monitor-envoy
. Failed to do so, foreign priests in order to report the dispute for the payment of the failed hatred, falsely committed adultery
Boxer
Was searched, and was eventually not convicted because the investigation was unfounded. In his later years, he served as the right squire of the Ministry of Punishment.
Revision minister
, and also Dali Yuan Zhengqing,
Dharma ministry
Right squire, vice president of the administration, etc.
Shen Jiaben is good at studying classics and harmony
philology
It inherits the textual method and realistic spirit in the Chinese academic tradition. He hopes to
Confucianist
the
Moral code
Combined with the European penalty mechanism, emphasis is placed on light punishment
Benevolent government
The ideal. He was also involved
Reform in late Qing Dynasty
Presided over the formulation of the "Qing People's Law"
Qing Shang Law draft
A series of codes, such as the Draft Law of Criminal Procedure and the Draft Law of Civil Procedure, attach importance to research
jurisprudence
It is recommended to abolish retardation,
An owl head
, killing bodies, tattooing and other torture, put forward a series of
Law reform
The claim is that it is China
Modernization of legal system
The forerunner of...
[1]
- Chinese name
- Shen Jiaben
- alias
- The word Chun, send a different number 簃
- Ethnic group
- The Han nationality
- Date of birth
- The year 1840
- Date of death
- The year 1913
- occupation
- jurist
- Major achievement
-
The father of China's legal modernization
The father of modern Chinese criminal law - Place of Birth
- Nanxun of Zhejiang Province
- Representative works
- " Examination of criminal law in the past dynasties "" Refreshing the criminal law "" Current criminal law of Qing Dynasty "The History of the Words" and so on
boyhood
The young Shen Jiaben, "good deep thought", studied the"
Zhou Guan
A lot of achievements. "
Zhou Guan
Also known as "Zhou Rites" or "Zhou Guan Jing", it is a compilation of the official system of the Zhou royal family and the systems of the Warring States period, due to the addition of Confucian political ideals
parallelism
Made and listed as
Confucianist
As one of the classics, it has become the main object of study by scholars of ancient times. The Shen family was young and ambitious, and did not follow the complicated path of their predecessors
Research method
But with a skeptical and truth-seeking spirit of independent exploration. His first work,
Zhou Guan
The title of the book, Archeology, aims to correct the Ming Dynasty
Wanli
A scholar in imperial examinations
Lang Zhaoyu
Mistakes in Zhouguan Ancient Wenqi Zi.
The year 1864
The Shen family portrait [3]
The Shen family studied Confucian classics at a young age, and was particularly good at Confucian classics and Confucian classics
philology
It inherits the valuable method of research and the spirit of seeking truth in our academic tradition. He is the author of "All the History of Words"; "Four Kinds of Ancient Bibliography" and other more than ten kinds of classics and history research works have achieved great achievements. He started with exegesis, examined and distinguished documents, quoted classics, and traced back to the source, which made him a lot of academic achievements
benefit
", but it did not help him to write a Chinese eight-strand article. Therefore, his journey to the imperial examination was not smooth.
The year 1865
Shen Jia this back to Zhejiang "sick admission", township examination. Since then, he has participated many times
The Ministry of Rites in feudal China
I didn't even get in. The way to advance in the Qing Dynasty, one is the imperial examination, the other is the donation. Donate, Shen's family is neither disdain nor money for. In order to get a better chance to display his talent, he had to take the imperial examination. Eight strands contained a lot of his time and energy, but also made his mood extremely depressed. The disadvantages of the imperial examination and the pain it brought to scholars were deeply imprinted in his mind.
Although the Shen family is devoted to work, but based on the meticulous character, he is still conscientious and tireless in his work. Having served in the Criminal Department for many years, he has become a rather capable officer. He was very skilled in judicial practice, very familiar with the laws of the Qing Dynasty and even the past dynasties, and wrote official documents clearly and clearly. He was modest, indifferent to fame and wealth, and often wrote for his colleagues. Once, Shen Jiaben for a colleague on behalf of the manuscript caused the Ministry of punishment
Pan Zuyin
The attention of... Pan Zuyin suspected that this is not Shen's colleague ability to reach, after checking it is really Shen Jia this. Since then, he has won
Pan Zuyin
Special appreciation, began to emerge, famous in the world.
The year 1883
Shen Jia Ben once again participated
The Ministry of Rites in feudal China
He tried, he was finally accepted, he still served in the Penal Department,
[6]
Since then, he has devoted all his energy to the study of law, and he has read the legal system throughout the ages
Laws and regulations
Prison file, yes
Ancient Chinese law
Data were systematically collated and studied on China
Ancient legal system
The source and the advantages and disadvantages of the development are researched in detail. In his spare time, he immersed himself in writing and wrote a large number of groundbreaking research works.
The year 1886
The Complete Works of the Shen Family
The year 1884
The French invaders
Vietnam
Taiwan repeatedly provoked war, August 26
Qing government
Forced to declare war on France. The Shen family was deeply worried about this war, and wrote a poem Mingzhi: "When the crisis competes on the Pingrong policy, the war suffering holds a drink to the cup;
Chiu province
arms
Fang Weiai
Be careful not to give the inferior material." It can be said that this kind of patriotic feeling and worry about the heart of the country is the Shen Jia this study law
psychodynamic
Where.
The year 1892
When the Shen family was possessed of talent and was unable to keep his post, due to the recommendation of his superiors, he was released from the governor of Tianjin in 1892, so that he could take sole charge and display his ambition. During his term of office as governor of Tianjin, he was "lenient in governance" and did not rely on subjective assumptions in handling cases
Field survey
And be able to seek professional advice. Among them Zheng Guojin was murdered
Liu Ming
The case is a big one
representativeness
The case of...
Tianjin Prefecture
At the time of accepting the case, Liu Ming had been dead for two years, and his body was rotting, making it difficult to obtain evidence. Shen Jia this specially from the capital to the post-mortem examiner experience together carefully check, according to the deceased tooth root and head parietal bone was red, fontanel bone prominent symptoms, Liu Ming is injured death rather than the conclusion of death. Finally found out is the doctor Zheng Guojin and Liu Ming's wife Wang because of collusion, taking advantage of Liu Ming disease to needle treatment for its death. The evidence is solid, Zheng Guojin and Wang can only plead guilty. The case not only won the reputation for Shen Jiaben, but also provided a reference basis for the handling of other cases.
The year 1897
Shen Jiaben
That same year, he hosted
Baoding
County test. He's a different person, but yes
Imperial examination system
But his critical attitude is consistent.
Positive value of the second year
The Hundred Days of Reform
,
Empress Dowager Cixi
Plotting a coup d 'etat, life
Rich and powerful
adjustable
Gan Jun
Garrison chief Xin shop. The Gan army passed by when they transferred defense
Baoding
Set fire to Baoding
Bac Guan
Outside the French church, became involved. After Shen Jiaben's quick adjustment, the French priest was willing to set aside a place in Baoding city to rebuild the church as compensation. The matter could have been solved satisfactorily, but the Qing rulers were weak and compromised, and sent officials to investigate. The French priest was suddenly arrogant and took the opportunity to put forward harsh conditions, in addition to demanding compensation for 50,000 liang of silver and the possession of the real estate of the Qinghe River Old Road Department, but also to the Baoding Office east of the property is also the site of the Qinghe River as the word, requiring that this land also be divided to the church. Just as the inspectors were about to comply with the hopeless request of the French priest, Shen Jia Ben wrote the book"
Baoding Fu records
"And"
Han 菼
The inscription is the historical basis, and the legal argumentative talent is played, and the missionary is wantonly occupied
Government office
The east side argued, won, and defended it as best it could
State sovereignty
And the interests of the people.
Shen Jia Ben talent to get
Governor of Zhili
and
Minister of the North Ocean
Yu Loc
Appreciation, played Guangxu emperor request to be promoted.
The year 1899
"Criminal Case Review three volumes" book. This book was originally intended to be printed because
The Boxer's change
And stop. The book has 124 volumes and appendices to the end of the book. Shen Jiaben compiled the book in order to make the old cases and the new theory corroborate each other, so he collected a lot of information about the Qing Dynasty's justice after 1838, which provided a reliable basis for future generations to study; The appendix to the book is the case of Sino-foreign negotiation, which is a study of the late Qing Dynasty powers imposed on China
Consular jurisdiction
It has high historical value.
The year 1900
On September 26, Emperor Guangxu promoted Shen Jiaben to Shanxi
monitor-envoy
. He received orders, and before he took up his post, he was"
Eight-nation allied forces
Stuck in
Baoding
. French priest because Shen's family is supposed to fight back to Baoding house office east side of the property has been bitter, take this opportunity to the "coalition" falsely accused him
Boxer
. The "Allied forces" immediately detained him and detained him in the Baoding North Street church. Posterior channel
Li Hongzhang
Wait for someone to intervene, he was changed from detention to
Residential surveillance
He was not freed until 14 February. Shen's family itself with the country, suffering from disasters, feeling extremely poetry, difficult to tell a cavity of grief and anger. Among them he is remembered
Yue Fei
And wrote the poem "loyal to the regret, moisten the pen also shed tears" is deeply consign to his sorrow for the family country.
It should be noted that during the attending Jinbao period, no matter how busy the official affairs are, Shen Jia did not give up legal research.
The "New Deal" reform provided a great opportunity for Shen Jia to make great plans. On November 14, 1901, Shen Jiaben was promoted to the Ministry of Criminal Justice, and returned to Beijing on the 20th. Eight years after leaving the Ministry of Punishment and returning to his hometown, he began to meet the most glorious period of his life.
The year 1900
After 1900, the United Kingdom, Japan, the United States and Portugal, when renewing their commercial treaties with China, said that if China's laws were changed to be the same as those of the eastern and Western countries, they would give up their trade in China
Consular jurisdiction
. To this end,
Qing Court
Charge (sb. with a task)
Yuan Shikai
,
Liu Kunyi
,
Zhang Zhidong
Recommend "those who are familiar with Chinese and Western laws" to revise the Laws of the Qing Dynasty. For the Qing Court, this revision was merely a policy expedient. In this complicated pattern, Shen Jia Ben with their profound legal knowledge, rich research results, profound legal experience and brave personal character, and
Wu Tingfang
Together, they were recommended to change the law.
The Shen family had seized on the powers
Extraterritoriality
It has long been regarded as a great humiliation to the country and the nation, and it is worried about the ignorance and stubbornness of the imperial court and its refusal to change, and it is obsessed with improving the legal system and withdrawing rights and interests. As soon as he was appointed, he set to work with enthusiasm on the amendment of the law.
The year 1904
On May 15, 1904, after nearly two years of intense preparation with his colleagues,
Revision law library
Finally opened. After the opening of the museum, it mainly translated and studied the laws of eastern and Western countries, and sorted out the old Chinese laws. Through this introduction to China, the law and jurisprudence of eastern and western countries involved a wide range and a large number of unprecedented. It makes it possible to compare the styles of different countries, remove the wheat from the chills and save the wheat from the chills, and apply it lightly to reform the old Chinese law and create new ones. As for the investigation and examination in the process of translation, it is more important for the establishment of Chinese jurisprudence to distinguish the meaning of the text and identify the terms.
Since the beginning of the revision of the law, the Shen family has actively prepared for the implementation of the future law. He was well aware that the Qing rulers had always regarded law as unimportant and that most officials knew nothing about it, so he asked for the establishment of law schools to train new legal talents.
The year 1906
Shen Jiaben - Legal Iceman
1910 (Xuantong 2nd Year)
He also serves as vice president of the Administration. The following year, Ren
Dharma ministry
Right Squire. Dictatorial jurisprudence has collected the ancient laws of our country
Data sorting
And the exam. He was also ordered to preside over the revision of the law, suggesting the abolition of the torture,
An owl head
, killing bodies and other torture, using the revised"
Current criminal law of Qing Dynasty
"To replace the Criminal Law of the Qing Dynasty, and to study and refer to foreign criminal laws, formulate"
Refreshing the criminal law
The Criminal Law was reformed. He is the author of the Examination of the Magistrates of the Past Dynasties,
Examination of criminal law in the past dynasties
", "Han Lv Zhi Yi", "Ming Lv Mu Jian","
Literary inquisition
","
Criminal cases Overview
", "Reading law and correction", and "Ancient and modern official name similarities and differences Examination" and so on. Later generations compiled the book
Mr. Shen sent 簃 a suicide note
","
Pillow green house series
Handed down to the world.
When Shen Jiaben was appointed as the minister of law revision, the most important activity was to revise the old law and create new laws
novella
The legislative practice. The revision of the old law is a comprehensive reform of the Law of the Qing Dynasty, and the reform results are mainly reflected in the"
Current criminal law of Qing Dynasty
"In. The Code deleted cruel punishments such as slashings, beheadings, killing bodies, sitting by the sword and tattooing characters, prohibited torture and human trafficking, abolished the slave law, and unified the criminal law of Manchu and Han. Although in the big end it is still an old-fashioned criminal law, but this one
Transitional period
The enactment of the law code means the beginning of the innovation of the traditional legal system.
In a series of new specialized codes, the
Refreshing the criminal law
"Is the most important. The law abandons the old system of combining traditional laws and is a simple one
Penal code
. In these old laws, there are five aspects of change: the modification of the old law
cane
Flow to death
The five forms of punishment in ancient China
For the death penalty,
Life imprisonment
,
Fixed-term imprisonment
, detention, fines,
Accessory punishment
There are
disenfranchisement
And confiscation; Cut the old law's cumbersome capital offences; Established the principles of the death penalty; The system of quoting and attaching to the old law was abolished; Attach importance to punishment and education.
In addition, Shen Jiaben also presided over the formulation of the Qing People's Law,
Qing Shang Law draft
", the Draft Criminal Procedure Law, the Draft Civil Procedure Law and a series of codes. Although these new codes were far from perfect and largely unimplemented, their enactment was in itself an unprecedented revolution in the history of Chinese law. As for the thought of the legislator absorbed in the codification, and by
codification
The disputes and discussions caused by it will undoubtedly have a more long-term value.
All reforms are not smooth sailing, and there are no exceptions
Old school
Obstruction and opposition. The resistance to law revision is also great. The Shen family itself was in a state of change, with worries in mind, and endeavoring to explore the way of legal development at the time of the alternation of the old and the new, forming a unique law revision style of "referring to ancient and modern, exploring both Chinese and foreign, integrating without prejudice". However, in the corrupt Qing Court, although the Shen family tried their best to integrate Chinese and Western laws, they were still not tolerated by the stubborn bureaucrats and scholars. Criticism and opposition followed. In order to maintain the achievements of law revision, the Shen family, on behalf of the law school and the ritual school, focused on deleting the principles of the old law
Confucian ethics
There were four great debates on the content of sentencing, and the fiercest one broke out after Shen Jiaben presented the draft of the new criminal law. For a moment, there is
Buin
The governor's exclusion and condemnation of the minister, on the "revision of the new criminal law can not change the justice of the ethics of each article.
Imperial edict
. The Shen family is willing to take the risk of being denounced as contrary to the code and deviant, and debate. The final
Refreshing the criminal law
Get through
dystocia
Pass, additional "provisional regulations" five were promulgated, but Shen was forced to resign
Revision minister
And vice president of the administration of the two posts, returned to office
The left squire of the Ministry of Law
Thus ending his nearly 10-year career in revision law.
The year 1911
The old forces will never willingly withdraw from the stage of history. In May 1911, in order to save the deteriorating situation, the last breath
Qing Dynasty
Organized a group led by Yi Kuang
Royal cabinet
". Of course, Shen's family was excluded, and the Ministry of Law left the position of squire was removed by itself. After retiring from official life, Shen Jiaben devoted himself to"
Punishment unification Fu
The finishing of "Solution", "Rough solution of Punishment Fu" and "Punishment Fu Shu". These three ancient books, are later generations
The Northern Song Dynasty (960-907)
Bachelor of Law in the last years
Fu Lin
The commentations made in "Fu of Punishment" have been confused for a long time. By Shen Jiaben correct and errors, into the complete, later compiled into the "pillow Bilou series", for posterity study Song Dynasty
Rules and regulations
It provides the basis for textual research and comparison.
On October 10, 1911, the Wuchang Uprising broke out, and the Qing Dynasty collapsed. The Qing Court was forced to use it
Yuan Shikai
Forming a cabinet, Shen Jia Ben acted as the "Yuan Ji Cabinet"
Justice secretary
. But Yuan Shikai neither wanted nor could save the Qing Dynasty from imminent collapse.
The year 1912
Shen Jia Ben in Hanfu
Republic of China
After its establishment, the call for Shen Jiaben to serve as the chief justice in China was very high. Yuan Shikai disguised himself as a supporter of republican theft
Grand president
After that, he also cared about him. For nearly 50 years, Shen Jiaben, who has passed the ancient period, yearns most for such a life: "Freedom from worldly affairs, inchworms live in peace and read spring and autumn." There are thousands of books hidden in small buildings, and time in leisure is relative reward." He could not get out of the disease, concentrated on writing, and finished his last work, "Han Lu Zhi Zhi." The book is extensive and rigorous; Test the difference, in order to exhaust. By comparison, far better
Du Guicheng
The "Han Law Catalogue" and
Zhang Pengyi
The "Han Law class Compilation", so
Han Law
Research has reached unprecedented breadth and depth.
Although the Shen family is closed, but the wind and rain in the broken mountains and rivers are always deeply concerned.
The year 1913
Poor broken old mountains and rivers, this vast feeling.
Can the white wall be finished? How to write in gold?
A Suicide Letter from Mr. Shen Jue 簃
Time is merciless, Shen's family is unfulfilled, but the heart is weak. He died in Beijing on July 12, 1913, at the age of 73. The whole nation sighed at the sad news. poetry
Elegiac address
Salty described its work. Exactly:
Jurisprudence is of great importance to the country,
A great name lives on in books.
The Shen's
Legal thought
In the practice of law revision. He fully clarified the basis for revising the law, pointing out that the law should accompany the differences of the present and the past situation, and the profit and loss for it should not be simply adapted. In particular, he placed China within the scope of the world and conducted an investigation, so as to show that China, after the opening of the maritime ban, will never stick to the law of our ancestors. Otherwise, the advantages and disadvantages of "using one China to resist the nations of the world" are self-evident. In order to implement the law revision policy of "common practice at home and abroad", he "referred to ancient and modern times and explored both home and abroad"
Europe and America
Capitalist country
The law of China is more civilized and progressive than the old feudal law of China, and China must "take people's strengths to make up for our shortcomings", "when the good of the law is taken, when it is not taken, it is stupid."
When Shen Jiaben introduced Western laws, he opposed laws that completely abandoned Chinese traditions, saying that China's "etiquette and customs are not the same as those of Europe and the United States... If the law is given the same view ", it will increase the resistance to revising the law, and "it will be able to carry it out in the world." In order to realize the law revision policy of "connecting China and foreign countries", he actively organized forces to translate the laws of capitalist countries as a blueprint for law revision. At the same time, it requests the establishment of law schools, the training of specialized judicial personnel, the hiring of foreign jurists as legal advisers and the dispatch of personnel to foreign countries for investigation.
democracy
Legal thought
Shen Jiaben thinks that "among all laws, especially criminal law is the most important", and should take the formulation of new criminal law as the starting point of the whole law revision work. In view of the Chinese and foreign criminal punishment system "the middle heavy and the west light is more", so the criminal law "should be changed to light" as the first step. For this reason, we ask that the suspension be abolished,
An owl head
Torture, killing bodies, edge sitting, tattooing and so on; The death penalty is usually hanged, except for felonies such as conspiracy, rebellion, and the murder of grandparents or parents
beheading
; The three virtual capital crimes of drama killing, manslaughter and unauthorized killing were changed to migration, in order to stress the name and reality.
The Shen family is in"
Everyone is equal before the law
's
Bourgeois legal system
Under the influence of the thought, it is proposed that the people of all nationalities of the Banner and Han should commit the crimes of sending troops and emigrating as one, and should not stipulate the unequal rights of "heavy or light suspension" in law. He said, "When the laws are different, the people have doubts... Law one, then the people will be peaceful." Only by eliminating the boundary between Manchu and Han can we establish the order of "the law of the supreme public and the permissible". In connection with this, he advocated equality between men and women, opposed the feudal name of husband as wife, and proposed that the punishment of the crime of assault between husband and wife should also be allowed. The Shens are still here
bourgeoisie
Under the influence of the thought of human rights, they requested the "permanent prohibition" of the sale of human beings and the raising of slaves allowed by the Qing law firm. Condemning the open trade in human beings "does not place any value on human life". "Slaves" also people, do not allow arbitrary mutilation. Life should be heavy, personality is better, is not because of the old habits, such as human in livestock also." He believes that if it is not abolished, it is clearly contrary to the purpose of the Constitution. These legal thoughts of Shen Jiaben shine with the brilliance of democracy.
Shen Jia Ben appreciated
The Western Jin Dynasty (536-597)
Liu Song
On the basis of
Torah
The idea of judgment is against exorbitant demands on the outside of the law. He appealed for the abolition of the long practice of the Qing Dynasty, revealing that the law made the people at a loss, and only facilitated the arbitrary entry and exit of officials. He presided over the formulation of the "Criminal Civil Procedure Law", the identification of the bourgeoisie
Legally prescribed punishment for a crime
Principles and content. in
Judicial system
Above all, the Shen family was modeled after the bourgeoisie
Separation of powers
, advocate
Judicial independence
It is regarded as "constitutional government
primordium
". In order to ensure judicial independence, he studied the modern history, drew up the similarities and differences between China and foreign countries, and formulated the"
The court makes the law
", clearly stipulated
Chief executive
And the prosecutor shall not interfere with the judicial activities of the judge.
Some of the Shen family has
Bourgeois democracy
The nature of legal thought, encountered
Old school
Denigration and censure. He followed the latest doctrine and reformed China
Feudal times
Various combinations
the
Legislative system
At the same time as formulating the new criminal law, it began to codify independent laws
Procedural law
. He said: "Basically the criminal law is the body, the procedure law is the use, the body is incomplete, can not mark the purpose of legislation; If you are not prepared, you cannot receive the actual work of the Fa. The two factors should not be ignored." Under his auspices, the Criminal and Civil Procedure Law was compiled in 1906, which stipulates that "crimes and penalties are legally prescribed" and "criminal law".
Open trial
","
Jury system
"And"
Lawyer system
"But was met with
Zhang Zhidong
The refutation of the chief governor of the provinces was nullified. In 1907, Zhang Zhidong attacked Shen's new draft of the Criminal law, denigrating ethics. In 1909, the draft Amendment of the Criminal Law with 5 articles of the Provisional Constitution was again rejected
Minister of education
and
Constitutional compilation and inspection of the library
Consult and discuss
Launetsun
He condemned the new criminal law for violating the rites of intimacy, respect, length, and the distinction between men and women
Basic principle
. Shen Jiaben wrote articles to refutes this, which formed a fierce debate between the rule of law and the rule of law school, until the Xinhai Revolution broke out. In the debate, Shen Jia Ben although won sympathy, but he often to formulate
novella
Fight for
imperialism
Surrender
Consular jurisdiction
As a reason, he tried to subdue the old-guard by this, showing his ideological weakness; And in the face of pressure from the old guard, he backed down, agreeing to punish the monarch and civil unrest,
Crime of foreign aggression
Heavier punishment; Punishment for adultery without a husband; A relative may not use justifiable defense if he commits a crime. This is actually using the traditional provisions of the feudal law to safeguard ethics and negating the bourgeoisie in the new criminal law
Principles of criminal law
. Therefore, the new draft criminal law reflects both
capitalism
The conflict between law thought and feudal law thought shows the compromise between them to a certain extent. This is the concrete representation of Shen Jiaben's legal thought. In his thought and speech, the progressive tendency and conservative elements are often in conflict with each other. Although he introduced capitalist legal thoughts and principles and made contributions to the change of the inherent feudal law system, his breakthrough of the code of ethics in the old feudal law was limited, and the reform of the feudal legal system was also incomplete.
Shen's origin, experience and
Living environment
Make him and
feudalism
Keep in close touch. However, he faced up to the reality of rapid changes and insisted on the principle of "connecting East and West" as the revision of the law. In the short period when he presided over the revision of the law, the atmosphere of studying Western law was active in the legislation of the Qing Dynasty. The Shen family is politically inclined to reform,
Ideological system
It belongs to the category of the new bourgeoisie. In the process of importing capitalist law and reforming China's old feudal law, his summary of China's old law has a high level
Academic value
.
Shen Jiaben and his family
The concept, function and relation of law to politics. The Fa, he said, was "the formula of the world and the instrument of everything" and had emerged in a situation where "schools were declining, the way of the world was falling apart, and the practice of doing everything was collapsing."
Function of law
, one
Administering the people
One person governs the country, the so-called "the way of governance, the first in legislation to the people", "the world is not unable to the country and can last." He believes that law is a "supplement to government".
Study of temperament
Clear and punishment, in
Political relationship
Very big ". So he is taking the law and making it
novella
First of all, "investigate its political gains and losses."
Shen Jiaben statue
Law is a supplement to moral education. The Shen family inherited"
Virtue is the principal and punishment is the secondary
The traditional legal thought of "clear punishment and help education", combined with the development trend of the world, clarified that law is only a necessary means to "supplement the deficiency of education"; Even in the three generations of prosperity, can not "abolish the punishment without use." Since one of the root causes of crime is "to apologize for enlightenment", he opposed the use of severe punishment to bind the people's brothers and sisters, and proposed that"
statecraft
In order to
Benevolent government
First ", "penalty and education rise and fall together", especially for
Juvenile offender
It is necessary to "cultivate its virtue through education, and transform its bad habits to make it a good people."
④ Used in people. Shen Jiaben believes that good legislation is important, but the law is especially worthy of attention. He repeatedly explained the truth that "the Fa is valuable to people" and "the use is in people", saying: "The good of the Fa is still the person who has the use; if it is not a person, it is only the Fa." "In most cases, the law is harsh and can be applied to the law; If you lose a person with a law, the law is wide and flat, and you can act violently outside the law." He suggested the establishment of an antique system
Doctor law
Teach the law so that the central government and even the local officials can know the law. At the same time, actively establish a law school for implementation
novella
Cultivate talents. Since he emphasized the use of human beings, he advocated severe punishment for judicial officials who were greedy, crooked, 骫, and bad.
Huang Jingjia
: Shen Jia Ben and
Seol Yoon-seung
Xue Yunsheng was also an important jurist in the late Qing Dynasty
The winner
And the Shen family is our country
Modernization of legal system
The founder of... A surname
Chinese law system
A great man of the past and the future, he studied Chinese traditional statutes all his life, and when the Qing Dynasty was in decline, he was appointed as the minister of law revision, took the law from the European legal system, drafted a modern code, compiled and introduced foreign codes and jurisconsults, and established a law school to train legal talents
Legislative system
The scale opens up the study of modern law in our country and makes the modernization of our legal system continue to advance.
[5]
Shen Jiaben in Tianjin on the trial of rape and murder case details
Shen Jiaben statue
Shen Bingying, the father of the Shen family, was a Jinshi
A doctor in the criminal department
, Guizhou (Province)
An Thuan
The governor.
Shen's own books are "Ancient and Modern official Name Similarities and differences", "Reading History Suoyan", "Shiji Suoyan","
Send to 簃
"The Occasional Manuscript of Pillow Bilou" "
Examination of criminal law in the past dynasties
More than 30 kinds, such as "Lu Mu Examination", "The Examination of Criminal Officers in the past Dynasties" and "The General Examination of Criminal Zhi". The Posterity series includes
Mr. Shen sent 簃 a suicide note
22 species A and 13 species B.
[2]
In addition, there are unengraved bibliography, such as "Autumn Guidance", "Law even", "law miscellaneous", "reading law collation" and so on.
Shijimoto Kiji
bibliography
Home rich collection of books. "Pillow green House" is where he wrote and collected books. In his later years, there is a poem saying: "freedom from worldly affairs, inchworm living in stability reading spring and autumn, small building books thousands of volumes, leisure time relative reward" his collection has reached more than 50,000 volumes. Collected with...
Pillow green house series
"12 kinds. I used to do more
bibliophile
Written in the compilation of books
Preface and postscript
Successively wrote the "Tianyi Pavilion Bibliography Postscript", "Tianyi Pavilion Bibliography Postscript", "Tianlu Linliang Bibliography Postscript", "After the Book Four Library summary of political books", etc., and the "Four ancient bibliography", "Continuation of the Bibliography of the Chinese book", "the bibliography of The Three Kingdoms", "the bibliography of the World", "The bibliography of the Literature Selection Li Shanzhu", etc
Specialized bibliography
The study of classical bibliography has left valuable materials.
The Shen family is a former residence
