Since the founding of New China,my country breaks the old legal system,Learn from the Soviet Union's legal system construction experience,Comprehensive construction of a socialist legal system。Since the reform and opening up,With the promulgation of the 1979 criminal law in my country,Comprehensive reconstruction of the criminal legal system。The older generation of criminal legalists represented by Gao Mingzheng and others made great efforts to the establishment of the Chinese criminal law system and the construction of criminal legal system。The four -key crime system with a strong Soviet theory color is generally accepted in my country's criminal law theory and judicial practice。With the promulgation of the criminal law in 1997,The theoretical research of Chinese criminal law enters the fast lane,and gradually interpret the theory of criminal legislation to the theory of interpretation of criminal law。In this process,my country's Criminal Law Studies and British and American Criminal Law、The German Criminal Law Circle has carried out in -depth exchanges。my country is a national text country,It is easier to learn and learn from the theory of Germany and Japan Criminal Law。The doctrine of the criminal law gradually entered the vision of Chinese criminal law scholars in this historical background,and become a hot spot for Chinese criminal law research in the 21st century。
The development of doctrine and doctrine can be traced back to ancient Greece and ancient Rome,Doctrine has begun to form and develop in the field of medicine and law in ancient Greece,and accepted by philosophy。In the medieval religion, the dominant position,Occupy the doctrine and doctrine of truth status through God's authority,Religious theology strengthened the status of doctrine bet365 best casino games -in the Middle Ages,Christian doctrine even becomes the basis for people illegal crimes。Doctrine becomes the heart of theology,Theology is explained by explanation,Practice the mental blood of the doctrine,Communicated to a rich belief life。The revival of the Roman law in the 11th century gave birth to the comment law,Based on the sacredness of Roman law、Annotation based on the confidence of authority,Become an orthodox law research form。It can be said,"Law Scholars" and "Dharma Doctrine" are born at the same time。Since the Renaissance and Enlightenment,Religion gradually declines,The rise of scientificism enables law to start the construction of doctrine。19th Century,Western countries uniformly integrated legal origin into national laws through the codes of the West,The doctrine of the law and the doctrine is empiricalist。Gustav Radbruch has an in -depth interpretation of the doctrine of Fa。The science of the law as the research object is called the science of the law,and the scientific scientific science of the method of using special legal science method is the science of the narrow law (the doctrine of the law),Including three levels: Explanation、Construction and systematic。This concept is recognized by the mainstream academic community。
Since the 21st century,With the increasing number of Chinese and foreign academic exchanges,The theoretical system and research of the doctrine of law and the teachings are continuously detailed in China。Some scholars point out,Dharma doctrine is a prerequisite for the order of the current formal method as a firm belief without doubt,and use this as the starting point to carry out the standardized science of systematic interpretation work。The core of the doctrine of the teachings is to be done through explanation,The systematicization of legal materials is the main work of the doctrine。my country is a national text country,Civil Law、Criminal Law and other departments after the laws are formulated,Legal Bet365 lotto review interpretation becomes an important demand for the rule of law。Study the principles and technology of general the doctrine of the law,It is especially necessary to provide knowledge support for various departments' laws。Criminal Law is a pioneer in the development of the development of departmental law.,Germany's criminal law doctrine enjoys a high reputation in the world of criminal law。The most extensive use of the concept of the doctrine of criminal law is the most widely used view of German criminal law scholar Claus Roxin: Criminal Law doctrine is the interpretation of various laws and regulations in the field of criminal law and various academic views、Discipline of systematic and further development。There are three levels of content: interpretation of criminal law、Further research of the Criminal Law Knowledge System and Criminal Law。Germany is the country with the most abundant research results in the doctrine of criminal law,Professor Rocksin's views on the doctrine of criminal law have been widely used by domestic scholars。
Chinese scholars have also fiercely argued about the meaning of "doctrine of criminal law"。The first point of view (such as Professor Feng Jun) believes,Criminal Law doctrine is an explanation stipulated in the laws and regulations of research、Systematic and development,Disciplines of various scientific theoretical views in the field of criminal law。It has its own contact with the current law and its own method and the history of criminal law、Criminal Law compare the differences in schools。Criminal Law Doctrine uses the current law as the source of faith,It is both an interpretation object,Also explanatory basis。Brief words,The doctrine of the criminal law is the learning that explains the current criminal law in accordance with the provisions of the current criminal law。Scholars who adhere to this view to adhere to the position of standardized maintenance,Explanation method of adhering to the purpose Bet365 app download of the purpose,I believe that the doctrine of the criminal law passes through the purpose、Reasonable explanation to explain and shape criminal law specifications,Efforts to realize justice in criminal law specifications。
The second point of view (such as Professor Zhang Mingkai) believes,The doctrine of the criminal law is the interpretation of criminal law,It should not be established in addition to the interpretation of the criminal law。Standings of protecting the protectionism,Stance of opposition to specification maintenance,The point of view with Professor Feng Jun is sharp opposition。In the knowledge system,Professor Zhang Mingkai adheres to the class crime theory system that distinguishes illegal and responsibilities,Adhere to the position and method of legal interpretation,There is no category of the doctrine of the doctrine of the criminal law。
The third point of view (such as Professor Chen Xingliang) believes,Criminal Law doctrine refers to the doctrine of the knowledge of criminal law,Including belief in criminal law、The method of explaining the criminal law and the knowledge system with the logical starting point of the criminal law。Believe in the norms of criminal law,Explain criminal law specifications by legal interpretation,Build a general theory system and study a crime of class crime system。Professor Chen Xingliang is a firm advocate of the teachings of the Criminal Law,He published a monograph "Doctrine of Criminal Law" in 2010,pointed out that from the promulgation of the criminal law in 1979 to the present,The main achievement of the study of criminal law is to arrive at the doctrine of criminal law from the philosophy of criminal law,Divided the study of criminal law after reform and opening up into three stages: the initial stage of the criminal law promulgated in 1979 was attributed to the annotation law based on the four -key crime system,and the early period of the mid -1980s to 1997 Criminal Law,Research stage of the philosophy of criminal law,After bet365 live casino games the 21st century, it is the research phase of the doctrine of criminal law,A brilliant summary of the development of Chinese criminal law。
The first point of view above is roughly the same as the third view,Emphasis on the rules of the doctrine of criminal law、Explanation and systematic aspects。The second point of view is too much emphasis on the core role of criminal law interpretation,Ignoring the systemic and beliefs of standardization。The summary analysis of the above views,Chinese scholars basically have some consensus on the concept of "doctrine criminal law": one,Interpretation of Criminal Law is the core content and core method of the doctrine of criminal law。Its two,Doctrine Criminal Law has its own knowledge system,Including the criminal theory system、Explanation System, etc.。Its three,The unrelentingness of the norm of criminal law is the prerequisite and foundation of the explanation。But there are still many differences in the specific research direction of the doctrine of criminal law: such as the difference between the doctrine of the doctrine of the criminal law and the interpretation of the criminal law,Different genres of the Criminal Law Knowledge System,Requires the Chinese criminal law community to strengthen consensus in research。
In the process of adhering to the teachings of criminal law,The dispute over school played a positive role in promoting。In recent years,A relationship between the subjective and objectiveism of criminal law、The result of no value theory and behavior without value、Questions of the four -level and third -class crime system,The doctrine learning of the knowledge of criminal law。Professor Zhou Guangquan sorted out the development of Chinese teaching and criminal law,It is pointed out that the current debate of my country's criminal law has increased the knowledge of the doctrine of criminal law,I contributed to the construction of my country's criminal law doctrine。The biggest result he believes that the development of the teachings of criminal law in China is to use bet365 live casino games comparative vision to think about crime theory,And moderate conversion of the discourse system of the third -class,Forms a class criminal theory system with certain Chinese characteristics。
But some scholars pointed out,my country's criminal law doctrine does not distinguish from the introduction of foreign doctrine knowledge,Ignore the "anti -educational science" phenomenon stipulated in the specific criminal law。Study on the theory of doctrine,Ignoring the resolution of specific difficult problems and the application of Chinese practice。Criticism for these,Professor Liu Yanhong criticized the misunderstanding of the doctrine of criminal law in China,Theoretical consensus of the doctrine of criminal law,I believe that the doctrine of the criminal law takes the standard of criminal law,Interpretation of criminal law as a research method,The relationship between the systematicization of the system;,Not simply equivalent,Different connotations and aspects of each; Criminal Law doctrine is based on the law and corree not law and anti -practicalism,Instead of shaping and expressing reality,The doctrine comes from anatomical anatomy on event issues、Explanation and repeated tests,Practical problems can be solved in doctrine use。
After more than 40 years of research,Especially since the promulgation of the Criminal Law in 1997, the reference on foreign criminal law theory,my country’s Criminal Law Theory Development has made rapid advances。The knowledge transition period of knowledge transition from the four -essential crime theory of the crime theory of the Soviet Union and Russia to the German -Japanese class。Class crime theory is exquisite,You also need to be a practical inspection,Need society in China、Solve local problems in the cultural environment,This must be digested with Western theories、absorption,and localized transformation。Dharma doctrine is a concept of continuous development,Different countries、Different Bet365 app download times have different doctrine learning。As Professor Zhou Guangquan said,Research on the doctrine of Chinese Criminal Law must look at the world,Pay attention to the doctrine method of crime recognition,Building Chinese criminal law,Independent innovation of the doctrine of Chinese criminal law。
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