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由沈家本主持修订的《大清新刑律》被誉为中国法制史上第一部近现代意义上的刑事法典。受中国儒家仁政的思想和“西学东渐”思潮的影响,沈家本将西方现代刑法人道主义精神引入了新刑法,一改旧律以惩戒为主的刑罚思想,更定刑名、酌减死罪、删除比附等,注重对罪犯的教育与改造,促进了中国人权思想的发展。然而,在当时的封建社会,立法的目的是为了维护专制统治,皇权与人权的不可调和决定了沈家本人权思想的时代局限性。
The “new Qing criminal code”, which was revised and presided over by Shen Jiaben, was hailed as the first modern criminal code in the history of Chinese legal history. Influenced by the thought of benevolent government in China and the trend of “eastward spread of western school”, Shen Jiaben introduced the humanitarian spirit of modern Western criminal law to the new criminal law, changed the criminal punishment principle of using old punishment to give priority to punishing death penalty , Delete more than attached, pay attention to the education and reform of criminals, and promote the development of human rights in China. However, at the time of feudal society, the purpose of legislation was to safeguard the autocratic rule. The irreconcilable of imperial power and human rights decided the limitation of the times of Shen Jiaben’s human rights thought.