19世纪英国刑法法典化改革探析

19世纪英国的刑法改革在形式问题上出现去"不成文"普通法传统的法典化趋势,引发了倡导改革的法典编纂派与以法官和律师为主导的保守派之间激烈论争。改革派的法典化的改革努力,虽然取得了一定成效,但是在强大的普通法传统的抵制下,改革努力最终失败。英国刑法法典化运动的失败显示了英国普通法深厚的社会基础和千余年习俗传统的强大影响力,普通法作为英国法律的主要基石,仍旧具有顽强的生命力和高度的社会认同。但19世纪开始的刑法法典化改革为20世纪中后期刑法法典化的持续改革提供了宝贵经验,而且刑法法典化以其系统化和规范化等独特优势也为坚守传统的普通法产生深刻影响,促使普通法不断调整以更好的适应国内外新形势发展。

A Study on the Reform of England Criminal Codification in Nineteenth Century

The reform of criminal law in nineteenth Century Britain appeared to the trend to ＂unwritten＂ traditional common law in the form of the codification, and it caused the fierce controversy on criminal law reform between the reformists law doctrine and the conservatives judges and lawyers. The reformists made great efforts for the penal code reform, and obtained certain success, but in the face of strong resistance from the common law tradition , finally the reform failed. British criminal law codification movement failure showed the powerful influence of English common law with deep social base and the thousands of years of traditional customs, the common law as the main basis of English law, still has strong vitality and the height of the social recognition. But the reform efforts for codification provides valuable experience for law reform started in nineteenth Century, and continuously supported reform of the criminal code in the middle and late twentieth Century. Further more, criminal law codification of unique advantages to the systematization and standardization also had the profound influence on the common law tradition, the common law continuously adjusted in order to adapt to the new situation under the development at home and abroad.