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法理与情理:抗战胜利后法学界对惩奸法律的讨论

谢遵议

苏区研究Issue(2):72-89,18.
苏区研究Issue(2):72-89,18.DOI:10.16623/j.cnki.36-1341/c.2025.02.005

法理与情理:抗战胜利后法学界对惩奸法律的讨论

Legal Principle and Reason:Discussions in the Legal Community on Punishing Traitors After the Victory of the Anti-Japanese War

谢遵议1

作者信息

  • 1. 上海师范大学人文学院(上海200234)
  • 折叠

摘要

Abstract

After the outbreak of the Anti-Japanese War,the Nationalist Government successively issued a series of laws and regulations to punish traitors.Due to the urgency of wartime legisla-tion,there are some flaws and loopholes in the laws and regulations for punishing traitors,which have sparked discussions in the legal community.This discussion mainly revolves around the cen-tral issues of how to define the crime of traitors,the application of laws and judicial interpretations to punish traitors,whether to end the reporting of traitors within a time limit,and the confiscation of their property.Through the discussion of these issues,it is pointed out that there are some prob-lems in the punishment laws for traitors,such as the difficulty in distinguishing between behavior and duty in the definition of the crime of traitors,conflicts between some punishment provisions and other laws,ambiguous judicial interpretations of punishment provisions,drawbacks in repor-ting traitors by the public,and difficulties in enforcing confiscation of traitors' property.Traitors bring disaster to the country and the people,and should be dealt with strictly in accordance with the law.From the perspective of the reason,the people in the occupied areas suffered from Japa-nese aggression,and there were also those who were forced to serve as puppets due to environmen-tal or survival reasons.In order to stabilize the social order and public opinion in the recovered ar-eas,it is even more necessary to handle traitors carefully.

关键词

惩治汉奸条例/法学界/汉奸罪/检举/没收财产

Key words

regulations of punishing traitors/legal community/crime of traitor/report/confisca-tion of property

引用本文复制引用

谢遵议..法理与情理:抗战胜利后法学界对惩奸法律的讨论[J].苏区研究,2025,(2):72-89,18.

苏区研究

2096-0344

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