The 20th report of the party pointed out，We must adhere to the road of socialist rule of law with Chinese characteristics，Comprehensively promote strict and fair justice，Efforts to make the people feel fairness and justice in each judicial case。Criminal Law discuss crime and punishment issues，Construct a scientific and reasonable criminal theory system，A proper punishment，To promote fair justice、It is important to achieve social justice。The construction of criminal law must adhere to the road of socialism with Chinese characteristics，Forms the requirements of social development、Advanced discipline system that boosted criminal justice。To realize the autonomy of Chinese criminal law、Localization，Need to pay clear attention to the following four aspects。

　　Bet365 app download It should be said，my country's research on criminal law in recent years has paid more attention to integrating "Chinese elements"，Show the Chinese characteristics of criminal law，So as to achieve a certain degree of innovation，This is also the substantive progress of my country's criminal law research in the last decade。This is at least in the following aspects: first，"Chinese Elements" in school studies。If you want to form a "Chinese school" in criminal law，The history of academic theory of criminal law in foreign laws、Development history conducts in -depth research，This aspect has achieved fruitful results in the past two decades。Professor Chen Xingliang once pointed out，Although the theory of value without value and the result of the result is a academic topic of Japan，But after it was introduced into my country's criminal law,，Chinese scholars have not stayed in the introduction of this，No full repeated Japanese scholars' controversy，Instead of combining theoretical problems and practical problems in my country's criminal law，Study of considerable depth and breadth of conducting，It played a positive role in promoting the development of criminal law theory in my country。Second，In reflecting on the practice of Chinese trial，In -depth exploration of reasonable constructing legitimate defense and defense excessive judgment rules。third，According to the specific crime in the criminal law division，If the crime of helping the information network crime activity、Bringing crime、Introduce the relationship of bribery, etc.，Thinking about the problem of the crime and the common crime。Fourth，In the combination, the crime of malicious overdraft credit card fraud、Tax evasion crime、Crime、Regulations on the crime of fighting people, etc.，Think about the conditions of objective punishment。fifth，Combined with the criminal law points, the specific situation of special crimes such as special financial fraud in addition to the crime of fraud，Thinking of the Fa -in and Combat、Imagine the relationship between the combined criminals。So etc.，Something。These research progress lays a good foundation for the formation of Chinese criminal law doctrine。

In short，Can't homogeneity of Chinese criminal law issues with foreign problems，Especially the theory of foreign criminal law and legislative regulations cannot be solved stiffly in China，The background and constraints that ignore the real problems，This is theory of the Communist Party、It is particularly fully performed in the attempt theory。other，Some practical problems are really difficult to find answers from foreign theories，bet365 live casino games This is particularly fully manifested in the information network crime; solving some problems cannot surpass the historical stage of China's development，For example，Fully solve Chinese practical problems in accordance with the theory of abroad，or simply advocate a reference to a ready -made punishment system in foreign countries，Regardless of my country's legal system，Obviously not a feasible way of thinking。Chinese criminal law is completely likely to identify and summarize the positive and negative experience in the development of the mainland law system，Taking the country's criminal law specifications and judicial practice as soil，Construction of illegal theory and even criminal theory system that meets the needs of its own era。Expansion from crime theory，Gradually form a knowledge system that is different from Germany and Japan, of course, it can be expected。

　　Second，To construct localized Chinese criminal law，does not mean that we must exclude the reasonable results of foreign law research abroad。European Criminal Law has more than 200 years of standardized development history，Most of its criminal law theory has been repeatedly argued by countless scholars "go forward and successive"、polishing，It can also be properly handled for many issues。So，"Post -Development Country" as a criminal law research，We should fully recognize the "congenital deficiency" of our own theory，The common or similarity of the substantive problem must be recognized，Then accept the theoretical consensus and general methodology of criminal law across the country，Learn、The introduction of foreign theories does not mean that my country's criminal law autonomy、Lost subjective。For this，Careful identification of the knowledge of foreign teaching knowledge and Chinese criminal French context，Actively introduce the doctrine of doctrine without context，Learn from its reasonable ingredients，and use the general method of doctrine to create a new type of doctrine based on the local native。

　　third，To avoid absolutely the academic perspective、Programming opposition，Full attention to the complexity of criminal law issues。Criminal Law scholars should keep more calm、Eastern、Mature mentality，Be able to be compatible and package，Avoid intuitive "Choosing the Border Station Team"，To achieve "gentleman and different"。For example，Thinking in criminal law simply summarizes the opposition between "results without value" and "behavior without value"，It's too simple，Not constructive。Actually，Many amendments in the Criminal Law are proposed to prevent the absoluteization of the problem.。For example，Positioning of subjective elements，Do not value theory of behavior recognition of subjective illegal elements，Do not value theory of behavior recognition of subjective illegal elements，and part of the results of no value theory to handle the convenience of special problems，Also recognizes subjective illegal elements，Other scholars believe that of illegal law is not pure and objective，It is also impossible to judge the danger of legal and benefits according to the objective aspect，If it is said to be a subjective illegal element, there will be difficulty in determining，But considering subjective elements in the responsibility stage is also difficult。The determination of the inner facts is difficult if it is used as an illegal element，It is easy to be as a responsible element，This is impossible。This reveals that the opposition of the two theories on related issues has been partially eliminated。So，For the long -term development of the doctrine of criminal law，Not the theoretical formal opposition，should stand on a relatively transcendent stand，Focusing on the proper resolution of real cases to form a systematic thinking，As for what kind of academic labels to solve the problem of solving problems, it is secondary。

　　Fourth，It should have sufficient respect for the legislation of Chinese criminal law，It is not advisable to criticize legislation at every turn。After the large -scale revision of the criminal law in 1997，For more than 20 years，Eleven "Criminal Law Amendment Cases"。The trend of active activity of criminal law in the background of functionalism，It is a reality that scholars must face by criminal law。For this，Some scholars have questioned，It is believed that my country's criminal law legislation is emotional，Some regulations are virtual。This criticism may not stand on the feet。The active legislation of our country always pays attention to the realistic problems of the transformation society，It has an empirical basis，Maintaining the clarity of legislation and the gentleness of punishment，Therefore, it is reasonable。Legislation means balance and decision，It is reasonable to have a reasonable system with the Criminal Law Doctrine.、Explanation is that there is no vulnerability in the methodology as much as possible; if the scholar presets an analysis framework for criminal law,，Criminal law provisions formulated to complete the mission of modern social governance，It is a "cross -border" dialogue with limited meaning; the actual effect of legislation will not disappear due to the criticism of criminal law; excessive legislative doubts will inevitably oppose the theory and legislative practice of criminal law from the beginning，curbing the opportunity to have a specific impact on the scientificization of the Criminal Law on the scientificity of the future。Legislative activity has brought new opportunities for the development of the teachings of criminal law，Turn from systemic construction to problems in doctrine，Fully expand the problems proposed by the legislation，Especially for a reasonable explanation of the constituent elements，Careful combing of the relationship between crime competition，All can enhance the "strain" ability of the doctrine of criminal law。In the era of legislative activity，Criminal Law doctrine must realize the transformation of conceptual theory as soon as possible and the expansion of methodology。

Between back，Chinese criminal law researchers must soberly recognize，Criminal Law knowledge has deep -rooted national boundaries and localities，So，Criminal Law should start with the logic of the current Chinese criminal codes and be strictly restricted，Persevere principles of punishment，The punishment is as light as possible，Pay special attention to avoid torture imbalance。To truly build Chinese criminal law，It is necessary to evoke researchers' main consciousness。The question that the discusor cares about is what kind of answer the legislators have given the legal point，instead of a legislator what answer should be given。So，When constructing criminal law, we must pay special attention to what problems are Chinese legislation、The unique issues of justice，or this problem exists in foreign countries，But it is more special in China; what problems are China's real problems instead of false problems。On the basis of finding problems，Future criminal law cannot be satisfied with "small repairs and small supplements" for criminal law theories existing foreign criminal law theory，should achieve a larger scale、More in -depth、innovation closer to Chinese judicial reality。We must follow the requirements of "adhere to the road of socialist rule of law with Chinese characteristics" in accordance with the party's 20 major reports，Looking for a better legislation with China、Social reality、Bet365 lotto review The relative connection and matching of legal culture，More convincing problems to solve the way，instead of blindly using cases in Chinese practice to confirm the properness of the European Criminal Law Theory，To gradually realize the innovation of Chinese criminal law research，The meager power of the criminal law researcher for the comprehensive construction of a socialist modern country on the track of the rule of law。

(The author is a professor at the School of Law of Tsinghua University)