Shen Jiaben (1840- 19 13), a native of Huzhou, Zhejiang Province, was a famous jurist in modern China, and a representative figure in law revision in the late Qing Dynasty. Shen Jiaben has served as magistrate of Tianjin and Baoding, right assistant minister of punishments, minister of law revision, Zheng Qing of Dali Academy, minister of management affairs of Shi Jing Law School, and vice president of Senior Advisory Institute.
Because of its outstanding contribution to the reform of law in the late Qing Dynasty, including the abolition of torture, Shen Jiaben, who is well-known at home and abroad, is known as "the master of ancient Chinese legal culture and the founder of the modernization of China's legal system".
1886, Shen Jiaben's first published legal work "Ci Subsets" was published. At that time, Xue Zuoxu, assistant minister of punishments and a famous legalist in Qing Dynasty, made a preface. This book is of great value to the study of China's ancient penal system.
Since then, Shen Jiaben has been specializing in law, with frequent achievements, and has written a series of articles such as Essays on Law, Essays on Law, Miscellaneous Examination of Criminal Law, Qin Gui Collection, Refutation, Record of Studies, Summary of Criminal Cases, and Reading and Collating.
Legal achievements
In jurisprudence, Shen Jiaben, who evolved from China's written law, is good at textual research, especially textual research, and his academic rigor and correctness can be called one of the masters of jurisprudence in Qing Dynasty. He advocates the unity of law and thinks that law is "the tool of state punishment" rather than "the end of private revenge". If the punishment is used to vent personal anger and distort the original intention of legislation, it will lead to the abuse of heavy punishment.
In addition, he also stressed that the applicable laws must be unified and cannot be different because of the identity of the offender; On the issue of law and morality, Shen Jiaben advocated that law is a necessary means of "supplementary education", opposed to using harsh laws to bind people, and put forward that "benevolent government is the first to govern the country" and "punishment and education complement each other".