论文部分内容阅读
现代意义上的“刑法”一词不是中国的产物,它是近代从西方传入日本,并经日本而传入中国的。同样,具有近代“刑法”内涵的刑法学科也是近代西方的产物,经日本传入中国的。据初步统计,从清末至1949年,中国共出版刑法学译著、专著和教材等共九百余部。在刑法学著作大量出版的同时,学术界也发表了众多的论文。与此同时,我国的刑法教育活动也开始获得发展。正是在继受西方刑法学的成果、开展刑法教育的基础上,中国近代刑法学开始诞生,并日益成长。在继受外国刑法理论、创建中国近代刑法学的过程中,沈家本、
In the modern sense, the term “criminal law” is not a product of China. It is a modern introduction of Japan from the West into Japan through Japan. Similarly, the criminal law disciplines that have the connotation of modern “criminal law” are also the products of modern Western countries that were introduced into China through Japan. According to preliminary statistics, from the late Qing Dynasty to 1949, China published a total of over ninety books on translation of criminal law, monographs and textbooks. At the same time that a large number of criminal law books have been published, many academic papers have also been published. At the same time, our country’s criminal law education activities have also started to develop. It is on the basis of inheriting the achievements of western criminal law and carrying out the education of criminal law that the criminal law of modern China began to emerge and grow more and more. In the process of inheriting the theory of foreign criminal law and establishing modern Chinese criminal law, Shen Jiaben,