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In recent years，Sumid criminal law has achieved obvious achievements。But in general，Discipline of Criminal Law is not strong for national governance，There are two extremes in the treatment of ethnic and global relations，Criticality in the field of criminal law is more than、Insufficient constructive，There is a certain distance between the theory of criminal law and the feelings of the people。This article is based on self -reflection，Four "equal" views of "equal weight" in the development direction of criminal law， For colleagues for advice。

　　Frequent learning and standardized learning

Broadly of criminal law includes two categories: factual and standardized science，Criminal science belongs to facts，Interpretation of Criminal Law or Doctrine belongs to standard science，Criminal policy and criminal enforcement law also include factual learning、Legal Policies and Standardized Contents。For various reasons，Compared with the interpretation of criminal law，Crime、Criminal Policy、Criminal execution law becomes marginal discipline。Not only that，Each specific discipline belonging to the broad criminal law is political，Research results independent，The interpretation of the criminal law is basically just from specification to norms and cases to specifications、The cycle from specification to the case，Neither can prevent crimes、Reduce the guidelines for reducing crimes，It is also difficult to provide an empirical basis for criminal legislation。

Social Science Law and Doctrine of the Law Circle，It has nothing to do with the above phenomenon。Actually，The facts in the general criminal law are social science law; the interpretation of criminal law itself cannot be turned to social science law;，Relying on the interpretation of criminal law，It is impossible to be a criminal social science law。Besides，Interpretation of Criminal Law is not a simple interpretation of legal text，Instead, you must discover the true meaning of the law，Creative activities to solve specific problems。So，The interpretation of the criminal law cannot exclude any knowledge and method that helps to achieve its own purpose。Interpretation of criminal law also knows that the criminal law system is open to the facts of life，Understanding the true meaning of criminal law can only be discovered in the facts of life，Understanding social changes will inevitably lead to changes in the meaning of the law，Knowing that any explanation conclusion is not the truth of the final nature。This article advocates that the facts and standardization of facts and standards，Not to avoid the dispute between social science law and doctrine law，but to enhance the service functions of criminal law for national governance。

For example，and crime、Criminal execution of criminal execution of Bet365 app download criminal policy，The system and status quo of the implementation of punishment，Not only is it conducive to the improvement and reform of the punishment system，and is beneficial to the offender、Prevention of Disdling and General Prevention，This is conducive to the stability of social security。For example，What kind of punishment has a large role in preventing crimes、What kind of prisoner to apply for punishment can most effectively prevent crimes，This is a research topic for criminal execution of law。American scholars "through research on teenagers and adults，The following conclusions have been drawn: 1. There are a large part of the current prisoners who can execute the probation，and the rate of heavy crimes will not rise because of this。2. The recidivism rate of the first offenders to be applied to the probation is much lower than that of false interpretations. "。In the United States，Prison "is the most widely used judicial treatment method，It is also one of the most effective means to reduce the offenders "。Not only that，"Whether it is first offenders or offenders，The fulscies after being punished were lower than the reinfement rate of the probation treatment "。If the facts of our country can draw similar conclusions，It is required to increase the applicable rate of criminal justice in my country to increase probation and fine punishment (single)。

The facts in turn also indicate，​​Never amending and criminal policy based on the facts of facts is not successful。For example，Slowly restriction system，Just relying on logical reasoning legislation。But，People who have been sentenced to about 15 years after being sentenced to death，There is basically no re -crime after release。In this case，The purpose of the applicable death is fully achieved，Therefore, no need to set up a restriction system。In fact，Slowing restrictions to mining does not show the advantage of preventing crimes。Obviously，Not legislative and policies based on the scientific conclusions of facts，Not only obviously not in line with reality，and the realization of the purpose of improving punishment。

　　Ethnicity and the world's equivalence

my country's criminal law has two extremes in this regard: one is just about nationality，Capacity depends on the concepts from abroad、Rejection attitude; Once you learn from the German and Japanese doctrine, you will be deducted on a hat such as "Germany", "copying the German day"。Another extreme is only worldwide，Even the theory of foreign learning as a test of Chinese criminal legislation、Standards for justice and theory。For example，my country's Criminal Law Division Chapter 5 The word "property" is used for property crime objects，instead of distinguishing "property" and "property interests" like the German and Japanese Criminal Law。In the German Criminal Law，The object of theft can only be property，The object of fraud includes property and property bet365 live casino games interests。In China，Theft、How to deal with the behavior of fraud property interests，It can only be explained in accordance with the provisions of Chinese criminal law and the facts of real life。But，Some scholars ignore the regulations of Chinese criminal law，Directly in accordance with the provisions of the German and Japan Criminal Law，It is believed that the behavior of the stolen property interests does not constitute the crime of theft，But the behavior of fraud property interests constitutes the crime of fraud。

The above two extremes are not conducive to the development of criminal law。Of course, Chinese criminal law must solve China's problem，But if you only talk about nationality，Criminal law is difficult to propose originality、Concepts of universal nature、category、Principles; if you only talk about the world，It will inevitably ignore the problem of responding to China。"The new era is an era full of tolerance and growth，It means unprecedented openness and acceptance。"In the national content of Chinese criminal law，It should include the common value pursuit of human beings; if the criminal law theory does not reveal the commonality，It is impossible to be recognized by the academic community of criminal law。Chinese criminal law and other country's criminal law should and can learn and learn from each other。Take criminal science as an example，If it is not based on China's criminal phenomenon and reasons, the research conclusion，It has no meaning to China; but it must be acknowledged，European scholars focus on the criminal research from the perspective of law and the art of criminal science from the perspective of sociology，Get rich results。Research method、Paths and other aspects of reference and learning these results，and closely combine the current situation of China's crime for creative conversion and innovative development，Not only is it conducive to the development of Chinese criminal permit，and it is conducive to the formation of originality、General Theory。In short，The study of criminal law shall adhere to the equality between nationality and world。The question is，How can I do this?

One，It should improve the identification and judgment of various criminal law doctrine and the effect of learning the use of the doctrine，and，The more the theory of the Chinese doctrine is in a weak position，The more you need to improve the identification and judgment，Instead of simply explaining foreign communication as truth to accept。Its two，Criminal legislation and criminal law theory abroad should borrow and use it in combination with the actual situation of China，But it cannot be used as a standard for testing my country's criminal legislation and criminal justice。First，Foreign legislation and theory that meets my country's current national conditions and national values，It should be bold and applied。Second，For not in line with my country's current national conditions、Foreign theory of criminal legislation and national values，It Bet365 app download cannot be copied。Last，Under the necessary situation，Need to transform and change foreign theory，Make it suitable for the national conditions of our country、Criminal legislation and the value concept of nationals。Its three，It should be "excavated and inherit the essence of Chinese legal and cultural，Draw nutrition，Use good and use "，But can not confront Chinese legal culture traditions with advanced legal culture in the world，It is not possible to equate historic and national painting。Four，It should be studied in the international comparison in China，Realize the dialectical unity of national and worldwide，It can not be simply integrated with foreign doctrine，It can not be mechanically combined with national and worldwide。Its five，It should be observed、Summarizing the facts of life creation new descriptive concepts，Create an influential normative concept through abstraction and refinement，Cannot adopt a fixed research paradigm and discourse expression。

　　Constructivity and constructiveness

Academic criticism，is a way to engage in academic research，It is a means for academic groups to complete the academic mission。Any scholar can only conduct academic research and innovation in dialogue and criticism with existing theory。Concentrated on existing answers，No academic criticism，It means that there is no problem with existing academic achievements; any science is to solve the problem，If there is no problem，There is no need for science。So，Academic prosperity and innovation，All are the realization of the scholars in the point of view of mutual criticism。"In everything，Creative tendencies are always consistent with the coordination of critical tendencies。”

but，Only criticism is not enough，Especially irregular academic criticism is meaningless for academic development。Criminal Law should be good at summarizing the country's criminal legislation and criminal judicial experience，It is also good to affirm the existing theoretical research results，For new basis for development。This is the constructiveness of this article。

One，Criminal law must summarize my country's criminal legislative experience and lessons，Provide theoretical guidance for active criminal legislation。First，To sum up the experience and advantages of my country's criminal legislation，Then summarize and sort out a good、Legislative policies with instructive significance。Only the advantages of one of the legislation，Only can this legacy be carried forward。Summarize the advantages of my country's criminal legislation，Not to let other countries learn，Instead of providing experience and guidance for future criminal legislation。Second，Criminal Law Theory must provide an empirical basis and basic concept for criminal legislation。Although criminal legislation must listen to the public’s call，But there must be no empirical basis and basic concept。The current criminal legislation uses the phenomenon of the Bet365 app download case or logical reasoning as the phenomenon of the setting method，But such a legislation will inevitably lead to the loss of vitality。Criminal Law Theory must observe the characteristics of various new types of harm，Conversion of criminal law needs to be protected，But more importantly, providing the principle of justice of the new era。

Its two，Criminal Law should summarize my country's criminal judicial experience and lessons，Make the theory of criminal law form a benign interactive relationship with criminal justice，Make both parties progress and develop together。For example，The scope of penalties for preparations and attempts，Foreign criminal law points generally have clearly stipulated，But my country's criminal law points have no explicit regulations，Although this is flexible，But lack of clearness。So，Criminal Law Theory needs to summarize judicial practice experience，Then propose specific identification standards，to provide a clear theoretical guidance for judicial practice。Another example，In Chinese judicial practice，Generally, the suicide of the victim belongs to the actor's behavior，Determination of the behavior that causes suicide constitutes a crime，But it is not determined that the behavior constitutes a crime of homicide，It will not determine that the establishment of the behavior is aggravated。This method of blame with Chinese characteristics，It is an objective attribution theory and the theory of considerable causality.，Need a new theoretical support。

Its three，Criminal law must summarize the achievements of the theory of criminal law，Form new theory with a certain consensus，Make Criminal Law step by step forward，Improve the overall level。First，"Theoretical harvest for more than 40 years of reform and opening up，Urgently need to sort out and screen、Sublimation and Refining、Inspection and argument。Which is China's own new thing，Pick it out，Forms a mutually supporting theory overall，This is the work of ‘picking results into baskets’。If it is only controversial，After the debate is gone，Can't get a consensus of a majority person，So is wasteful "。Criminal law needs to organize disputes，Reach a relative consensus on certain problems as possible，Formed the overall impression of new steps and criminal law。Second，Criminal law scholars cannot innovate for innovation、Critics for criticism。It is not an innovative if it does not publish the "new" view，Only the new point of view of solving the real problem is innovation，Otherwise, it is just pseudo -innovation。Last，Criminal Law Theory must properly handle the relationship between replacement and accumulation。From the perspective of this article，Criminal law needs to pay attention to the accumulation of theory rather than alternative。For example，Regarding various specific criminal policies (measures to prevent crimes)，Pay attention to accumulation rather than alternative。

　　Professional and popularity

Criminal Law specifications are first of all referee specifications，The application of the criminal law is a specialized work，Criminal Law must be professional。But only the professionalism of criminal law is not enough，Criminal law theory that cannot be understood and accepted by the public is not a good theory。Criminal Law is the text expression of justice，Application of criminal law is the justice of realizing the criminal law。but，"Folk justice is located in the core position of the legal system，At least in an open society "。If the application of the criminal law violates the concept of justice of the public，will be authoritative to damage the criminal law。So，It needs to realize the integration of folk justice and legal justice。Play of punishment function，Agreement that depends on the public consciousness at this stage。"If the punishment does not meet the" standard consciousness "'sense of justice'，The punishment system cannot effectively play its function。"to do this，You need to understand and respect folk justice。

First，Criminal law should realize the integration of folk justice and legal justice，You must get real public opinion。Criminal Law scholars can neither treat their own opinions as public opinion，It can not be regarded as a dross that is different from your own opinion。

2，Criminal Law scholars must be good at communicating with the people，Let the public accept universalness、Progressive legal concept。Now，Some views and public opinion of criminal law scholars have obvious opposition。When a netizen has an overwhelming opinion on a case，Even if criminal law scholars believe that the opinions of netizens do not meet the true meaning of the criminal law，But in order to avoid scolding，Also keep silent。Although it is impossible to think that the point of view of criminal law scholars is correct，But what should be admitted is，People have not accepted universal in some ways、Progressive legal concept。So，Criminal Law scholars need to communicate with the public。For example，People often hate crimes particularly，Therefore, it advocates strictly cracking down on various crimes。Criminal Law Theory If the disadvantage of serious punishmentism from academic theory，Not only does not help，And it will cause the people's resentment。For this，Can only speak with the facts，Reasonable with data。For example，American scholars pointed out on the strict measures of the United States: "In recent decades, the" strict "measures for crimes have only played a little effect on the reduction of crime rates，but spent hundreds of billions of dollars。In addition to spending huge and effective results，The core content of the "strict" measure, that is, large -scale imprisonment measures also brought a lot of problems。"If my country also has related empirical data，I believe it can also eliminate the public’s serious punishment proposition。

third，Criminal law scholars bet365 Play online games should write popular readings，Lectures on criminal law for the general public，Popularization is universal、advanced legal concept。

By the way, it is，Criminal law scholars should also write more about the textbooks and monographs、"Popular" readings suitable for undergraduates。The focus of law is education rather than research; law education cannot only pay attention to a minority，should pay attention to the vast majority (should focus on training undergraduates)。But，So far，It has always been rarely suitable for improving the legal thinking ability of undergraduates、"Popular" works of legal applicable skills，There are basically no publications with undergraduates as the reader。Academic journals for reference rates、reprint rate、The competition of influencing factor is only meaningful for a few people，It has almost no effect on training undergraduates。Even if it was possible to become a publication suitable for undergraduate reading，It is also necessary to try to improve the "grade"，Publishing the papers that undergraduate students cannot understand。It's hard to say that this is a beautiful scene of the prosperity of law。No matter how high the research level，As long as you cannot train a large number of excellent legal students，Law is a failure。Only the level of legal thinking and legal application of undergraduate students，It is possible to comprehensively improve criminal judicial ability，Establish criminal judicial authority，Then the theory of criminal law forms a benign interaction with criminal justice、The situation of common development。