The combination of theory and practice is the ideal mode of human knowledge growth，It is also the eternal pursuit of the theorist and practitioners。But at the actual level，The combination of theory and practice can often only be realized to a certain extent。The relationship between cutting -edge theory and judicial practice can only be used for relatively accurate descriptions。Criminal Law has always been a relatively mature and active discipline，There are a lot of theoretical works and papers every year。but，The theoretical frontier of the criminal law and the cutting edge of criminal justice have not formed a complete correspondence，This non -corresponding relationship or manifestation as the theoretical cutting -edge problem does not come from real judicial practice，Or it does not provide an answer that can be acceptable to the practitioner's perspective for the real judicial practice。If the reader group of the frontier preset of criminal law theory is not limited to scholars，It should also include judges、Prosecutors and lawyers; if the goal of the cutting -edge theoretical theory of criminal law is not just the theoretical development，It should also have a reference effect on the front line of criminal cases，Then the current status quo should be reflected。

There is another more interesting phenomenon: Although the frontier of the criminal law theory is far from the forefront of criminal judicial practice，But the criminal judicial practice activities seem to have not been affected too much。Judging from the wrong case rate of criminal cases in the country，my country's criminal wrong case rate is very low。Most of the wrong cases that have been discovered and corrected are the problems of factual identification (required procedural theory solution)，Instead of applying an error in illegal law。There is no height combination of the frontier of the theory of criminal law and the cutting edge of criminal justice，But all can prosper and stable development，What is the reason?

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If we agree with cutting -edge theory and judicial practice, it is a situation of double losses，So the situation that looks like a win -win situation is bet365 live casino games actually just appearance，There are only two possibilities behind the appearance: first，The current win -win situation will not last; second，The current win -win situation is not really a win -win situation。No matter which possibility is now，All need to figure out why the theoretical frontier and criminal judicial practice of the theory of criminal law are dripping away，instead of the same goal? This paper argues that，There are two main reasons。

One，It is the possibility of the academic evaluation mechanism that allows the cutting -edge theory and judicial practice of the criminal law.。It is also a problem of solving crimes and punishment，Theory (home) and practice (home) on the basis of the same attribute，Its attention points will still focus on each: theoretical attention innovation，Practice is proper; theoretical focus on demonstration process，Practice focus on the results of the argument; theoretical focus on the construction of the system，Practice pays attention to solving problems; theoretical attention is paid to the relationship with other disciplines，Practice Focus on the precedent summary; theoretical focus on academic specifications，Practical attention to work requirements; theoretical attention deep，Practice Practice。It is precisely because of the focus of theoretical and practical attention，Finally led to innovation、Seeking the system、Seeking profoundly different from the academic evaluation mechanism of practice。cutting -edge theoretical products produced by scholars，The expected consumers may be mainly scholars，Because of the reference by other scholars、Feedback、Evaluation is the most significant for producers of academic products。So，Based on utilitarian considerations，Scholars will definitely pay more attention to scholars' opinions，Scholars have scholars' "rivers and lakes"，The academic cutting -edge theory created by scholars intentionally or unintentionally ignores judicial practice and has realistic possibilities。

Its two，The theory of criminal law theory has allowed judicial practice to stay away from the frontier of the theory.。Criminal judicial practice has two levels of demand for criminal law theory: first，Demand for Criminal Law。Criminal law theory in the sense of sense is the basic reference system of judicial practice Bet365 lotto review right and wrong，Leaving Tong said，Criminal judicial behavior is not only right or wrong，It is even impossible to operate at all。Therefore，The theory of criminal law at the general level has basically reached a corresponding relationship with criminal judicial practice，or even me among you、I have your relationship between me。Passing and legal provisions together constitute the legal system in judicial activities。For example，When the judge explained the theft stipulated in the criminal law as "secret theft"，The real thinking process must be: Criminal Law Articles (theft)+Criminal Law Theory (theft must be secret) = law in judicial practice (secret theft)。Judicial Practice's demand for Tongtong reaches the level without saying that there is no judicial practice。Of course, in turn，If there is no general approval of judicial practice，How can a theory be eligible to become a common saying? second，The needs of the frontier theory of judicial practice。Although the criminal law can solve the majority of problems in judicial practice，But it cannot solve all problems。In criminal judicial practice，Occasionally but there must be difficulties in the problem that cannot be solved (can also be called a typical problem or fuzzy problem)，For example, Xu Ting case。At this time, judicial practice has responded to such difficult issues to respond to the cutting -edge theory of criminal law。Just like the unfortunate poet family of the country，The emergence of difficult problems may not be popular for judicial practice，But for cutting -edge theory, it is a great luck。Because of the incredible judicial problems, it is often the growth point of the new knowledge of the criminal law，The cutting -edge theory of the criminal law should be generated at this time。Therefore，The demand for cutting -edge theory for judicial practice is mostly concentrated in difficult or typical cases。

But，There are two factors that determine the cutting -edge theory of the cutting -edge theory when there is a case of difficult cases，But it does not reach the level that it needs to be as good as that: one factor is，Compared with usual cases，The proportion of difficult cases is very low; another factor is，Once such difficult cases occur，Even if there is no cutting -edge theory to respond，The practical wisdom in judicial also Bet365 app download has solutions。The wisdom of judicial practice is the basic spirit of criminal law.。With these two aspects of reserves，Judicial practice says that difficult problems that cannot be resolved will create your own "cutting -edge plan"，Although this "cutting -edge plan" may not be able to integrate into the knowledge system of criminal law theory，It may not be able to get attention to the construction of the follow -up system、Focus on the recognition of the theoretical system of academic norms。But this cutting -edge plan for solving difficult problems has a strong practical rational component，Generally, the basic principles of judicial activities can be well implemented，So that judicial activities can still be demonstrated at the rational level。The certainty and correctness of the justice、Legal effects and social effects of justice can basically be guaranteed。To sum up，The frontier theory of criminal law and judicial practice cannot be highly combined，The main reason is that whoever leaves and who can leave seems to be able to live。

　　The distance is not beautiful: a double losing consequences

Compared to the general saying，The theoretical frontier mainly includes three types: first, filling the blank type，The second is to overthrow the old saying type，Third is to improve the old -fashioned type。The source of cutting -edge theory also mainly comes from three areas: human knowledge outside the criminal law、The expansion of the theoretical system of the criminal law theoretical system and the new problems in judicial practice。From the type and source of the frontier theory of criminal law，The frontier theory of criminal law is logically incomplete from judicial practice，And in fact, some cutting -edge theories do not come from judicial practice。If cutting -edge theory does not come from judicial practice，Then its impact on practice can only be indirect。The so -called indirectly refers to the time when only the theory is currently able to gradually transform into the theoretical passage，can it affect judicial practice。For the development of criminal law theory，This indirectness will lead to three negative effects: first，Criminal Law Theory Lost the most important growth point。The theoretical cutting edge Once you don't pay attention to judicial practice, it is equivalent to losing the main knowledge growth point。Second，cutting -edge theory Lost the bet365 live casino games opportunity to grow into the saying。The recognition of the theory by judicial practice is one of the key factors that are theory，Frontier theory does not pay attention to practice，Practice will not pay attention to cutting -edge theory。This is undoubtedly a loss for the development of criminal law theory。third，Frontier theory may lose the opportunity to receive inspection as soon as possible。The frontier theory must also accept inspection from various aspects，To prove the vitality of the theory。Once judicial practice ignores cutting -edge theory，So cutting -edge theory will lose precious opposition voices。For judicial practice，This indirectness will also lead to three negative effects: First, the cutting -edge theory needed by judicial practice will be reduced。Lack of judicial practice that can choose cutting -edge theoretical guidance is like consumers who have no product to choose from。Second, judicial practice may lose the opportunity to guide the correct theoretical guidance。Third is that judicial practice may form empiricalism of contempt theory。

Criminal Law Theory is both common and cutting -edge，A missing one is indispensable。There is no driving of cutting -edge theory，Why does the theory develop forward? And it ’s just the consensus understanding of most people，It may not be absolutely correct。Even today’s general saying is correct，Tomorrow may not be correct。Judicial practice Once a tendency to ignore cutting -edge theory，It will be described as all of the theory of criminal law，Even as the "Bible"。and the lack of cutting -edge theory is very likely to make the saying that Lost theoretical function，Become a rigid dogma，Will be unable to adapt to vivid、Never endless judicial practice。Judicial practice away from cutting -edge theory Once you can find a rational answer in the general saying，It is bound to rely more and more to rely on empiricalism。In the long run, there may be useless theory of criminal law theory，and the theoretical guidance is undoubtedly harmful to justice。Actually，Not only does the problem that cannot be solved, but the cutting -edge theory，Even if the current saying can solve real problems，You should not refuse the latest cutting -edge theory，Because there may be better answers there。If you think that the problems that can be solved, you don't need bet365 Play online games to pay attention to cutting -edge theory，It is equivalent to rejecting a plane with a tractor and a transportation。

　　Basis of win -win: Criminal Law Knowledge Consumption and Consumption Relationship will be recognized

The combination of theory and practice is not the best，Only better。How to make criminal law theory (mainly referring to cutting -edge theory) and judicial practice to achieve a win -win，It is the theorist (mainly scholars) and practitioners (mainly the judge、Prosecutor、Lawyer) Common wishes。

The combination of pursuit of criminal law theory and judicial practice，Its essence is the combination of the pursuit of cutting -edge theory and practice of criminal law。Want to overcome the situation of dual losses of cutting -edge theory and judicial practice，It is necessary to analyze why can it be combined with a high degree between the statement and practice。At the level of criminal law，If the theory is regarded as a product (knowledge product)，So the producers and consumers of the theory are a kind of you who have me、I have your relationship。That is to say，Although the producer said is mainly the theorist，but also includes practitioners。Consumers said that the theorists include the theorist，But mainly the practitioner。Compared with Tongtong，The current cutting -edge theoretical products are consumed by the theorist as the theorists，There is a significant difference between the existence of the existence of the practice.。Therefore，cutting -edge theory to achieve the state of the saying，The most important problem is to make practitioners the main consumer of cutting -edge theory。How can the practitioner's cutting -edge theory?

Since the knowledge is also a product, we should respect the market rules: first，The theorist must have the consciousness of the preset of consumers。Except scholars，It is necessary to preset the practitioner as the reader group of cutting -edge theory，Just like the manufacturer must think of the product to sell the product。Second，The theorist must understand the taste of the consumer。The theorist can easily understand the consumer taste of scholars，But it is not easy to understand the taste of practice，To understand the practical taste, you must pay attention to the real problems in practice。Just like the manufacturer can not produce the taste that consumers like，The product cannot be sold naturally。third，Status changes must start with the theorist。If you bet365 live casino games want the product to have a market，It must be a product that the manufacturer produces the favorite product。If you want to make the frontier theory of practice consumption，Change must start with scholars。Last，How can the theorist have such a change? The most important one is to change the evaluation mechanism of cutting -edge theory。In addition to the theorist's consumption of cutting -edge theory is a consideration factors，The consumption of cutting -edge theory should also be included in the evaluation system。As for how to design a new evaluation mechanism，is another topic。

　(Author Unit: Law School of Heilongjiang University)