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|Other Titles:||The Inherent Normal Principles of Chinese Ethical Relationship and Foreign Laws: The History, Concept and Trends of Parricide|
Murder of family members;Ethical rules;Mercy and law;Filial piety;Laws and ethics
|Issue Date:||2014-09-30 17:50:44 (UTC+8)|
Mercy and punishment in traditional Chinese criminal law had always been closely intertwined. In the wake of internal and external pressure from society to abolish consular jurisdiction, it became impossible to maintain the Chinese law systems and traditional Chinese laws were altered by the new legal thinking of Western countries introduced since the period of legislative reforms of the late Ch’ing Dynasty. Therefore, the new legislative thinking of individualism and liberalism were injected into ancient Chinese society and the original legal system of ethics was shaken. It is worthwhile asking how the new criminal legal thinking of individualism and liberalism will cope with the relationship between ethics and legislation. Should we combine them and, if so, to what extent? Should we separate them and, if so, to what extent? In other words, should we legislate ethics? Is it proper to have ethics legislated?At present, many so-called rules based on ethics exist in the criminal laws of our country. It is worth asking why such laws enriched with ethics have remained unchanged for more than a thousand of years? Why does such a situation still exist in modern criminal law? Does it conflict with the legal thinking of modern criminal law? What should their roles be in the future?This article intends to concentrate on the crime of “murder of relatives in one’s direct line of ancestry” in regard to the ethical rules, which attract the public’s attention; from the respect of legal history, the analysis will be conducted to examine historical developments to better understand how the legal treatment of ethics has changed over time. In addition, this article examines changes and the lack of changes in theoretical bases by analyzing the changes in legal thinking in modern criminal law. This article will also observe the standard to maintain or abolish it and forecast the future by analyzing the legislation of Japan, Germany and other countries.
|Relation:||法學評論 , 117, 1-61|
|Appears in Collections:||[法律學系] 期刊論文|
[法學評論 TSSCI] 期刊論文
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