民国时期有利被告原则的确立及实施.pdf

Abstract As the Republic of China was founded and not well legislated, the laws of late Qing Dynasty were followed as before. Including the benefit principle to the defendant, which has a groundbreaking meaning for the protection of human rights in modern China. The benefit principle to the defendant originated from the saying in the law of Ancient Rome, which is “in dubio pro reo”. In the law of Ancient Rome, there are principles and systems such as procedural justice and defense system. So briefly, when a case remains doubtful, the benefit principle to the defendant should be applied. The benefit principle to the defendant developed through the three periods of Republic of China (Nanjing Provisional Government, Beijing Government and Nanjing National Government) and became more improved. Systems and principles like presumption of innocence, independence of judicature, lawyer system, public procuration system and evidence system. The concept of human rights protection earned a widespread respect and the spirit of democracy as well as rule of law spread wide and far across the country. However, the development of legal system didn‟t go off smoothly. During these periods, some specific laws, which go against the benefit principle to the defendant appeared, but these were certain results in such specific periods. In Nanjing National Government, ruling a country by a political party became the philosophy of legislation. Especially in some specific laws against communists, the concept of human rights was totally abandoned and these laws were used to control communists. Also, house of correction and reformatory were established. All these performances made the