The 20th National Congress of the Communist Party of China and the development of criminal bet365 promo codes
March 31, 2023 09:20 Source: "bet365 promo codes Social Sciences Journal" March 31, 2023 Issue 2622 Author: Zhou Guangquan

The report of the 20th National Congress of the Communist Party of China pointed out,We must adhere to the path of socialist rule of bet365 promo codes with Chinese characteristics,Comprehensively promote strict and fair justice,Strive to make the people feel fairness and justice in every judicial case。Criminal bet365 promo codes discusses crime and punishment issues,Construct a scientific and reasonable crime theory system,Achieve appropriate punishment,For promoting fair justice、Achieving social justice is of great significance。The construction of criminal bet365 promo codes must adhere to the path of socialist rule of bet365 promo codes with Chinese characteristics,formed to meet the requirements of social development、Discipline system that promotes criminal justice justice。To realize the autonomy of Chinese criminal bet365 promo codes、Localization,You need to pay clear attention to the following four aspects。

  First,Combined with China’s legislation and judicial practice,Research based on China issues。It should be said,In recent years, my country’s research on criminal bet365 promo codes has paid more attention to incorporating “Chinese elements”,Shows the Chinese characteristics of criminal bet365 promo codes,Thus achieving a certain degree of innovation,This is also the substantial progress in my country’s criminal bet365 promo codes research in the past ten years。This is at least reflected in the following aspects: first,“Chinese elements” in school research。If you want to form a "Chinese school" of criminal bet365 promo codes,It is necessary to study the history of foreign criminal bet365 promo codes academic debates、In-depth study of development history,This aspect has achieved fruitful results in the past two decades。Professor Chen Xingliang once pointed out,Although act axiology and result axiology are originally an academic topic in Japan,But after it was introduced into the criminal bet365 promo codes academic circle of our country,Chinese scholars did not stop at the introduction,It does not completely repeat the arguments of Japanese scholars,But it combines theoretical issues and practical issues in our country’s criminal bet365 promo codes,Conducted considerable depth and breadth of research,Played a positive role in promoting the development of criminal bet365 promo codes theory in our country。Second,Reflecting on China’s trial practice,In-depth exploration of the construction of reasonable rules for judging legitimate defense and excessive defense。Third,According to specific crimes in the criminal bet365 promo codes,Such as the crime of assisting information network criminal activities、Crime of Accepting Bribery、Introduction to the relationship between bribery crimes, etc.,Thinking about the issue of principal criminals and accomplices。Fourth,Combined regulations on the crime of malicious overdraft credit card fraud、Tax evasion、Crime of embezzlement、Provisions on the crime of gathering to fight, etc.,Thinking about objective punishment conditions。Fifth,In combination with the criminal bet365 promo codes, a large number of specific circumstances for special financial fraud and other crimes are stipulated in addition to the crime of fraud,Think deeply about the competing laws and regulations、Imagine the relationship between competing criminals。And so on,Numerous。These research advances have laid a good foundation for the formation of Chinese criminal bet365 promo codes doctrine。

In short,Cannot homogenize Chinese criminal bet365 promo codes issues with foreign issues,In particular, foreign criminal bet365 promo codes theories and legislative provisions cannot be used to rigidly solve China’s practical problems,Ignore the background and constraints of real problems,This point is in the theory of accomplice、This is particularly evident in the theory of failure。In addition,Some practical problems are indeed difficult to find answers to from foreign theories,This is particularly evident in information network crimes;Some problems cannot be solved beyond the historical stage of China’s development,For example,Completely follow the foreign theory of crimes of omission to solve China’s practical problems,Or simply advocate learning from a certain foreign ready-made penal system,Disregarding our country’s legal system,Obviously not a feasible way of thinking。It is entirely possible for Chinese criminal bet365 promo codes to screen and summarize the positive and negative experiences in the development of the theory of illegality in the civil bet365 promo codes system,Based on the country’s criminal bet365 promo codes norms and judicial practices,Construct a system of lawless theory and even crime theory that meets the needs of our own times。Extended from the theory of crime,Of course it is expected to gradually form a knowledge system of criminal bet365 promo codes doctrine that is different from that of Germany and Japan。

  Second,To construct a localized Chinese criminal bet365 promo codes,It does not mean to exclude reasonable foreign criminal bet365 promo codes research results。Continental criminal bet365 promo codes has a normative development history of more than 200 years,Most of its criminal bet365 promo codes theories have been repeatedly debated by countless scholars、Polishing,Able to handle many problems appropriately。Therefore,As ​​a "latecomer country" in criminal bet365 promo codes research,We should fully realize the "innate deficiencies" of our own theory,Must recognize the commonality or similarity of substantive issues,And then accept the theoretical consensus and general methodology of criminal bet365 promo codes across countries,Learn from、The introduction of foreign theories does not mean the independence of our country’s criminal bet365 promo codes、Loss of subjectivity。For this,We must carefully identify the compatibility of foreign doctrinal knowledge with the context of Chinese criminal bet365 promo codes,Actively introduce doctrinal knowledge without contextual barriers,Learn from its reasonable ingredients,And use the general method of dogmatics to create a new dogmatic system based on the local area。

  Third,Avoid making academic views absolute、Stylized opposition,Pay full attention to the complexity of criminal bet365 promo codes issues。Criminal bet365 promo codes scholars should remain more calm、Relaxation、Mature mentality,Be able to be inclusive,Avoid “taking sides” based on intuition,Achieve "gentlemen are harmonious but different"。For example,The approach of simply summarizing thinking in criminal bet365 promo codes into the opposition between "theory of valuelessness of results" and "theory of valuelessness of conduct",It’s too simple,Not constructive。Actually,There are many revision theories in criminal bet365 promo codes that are proposed to prevent issues from becoming absolute。For example,About the positioning of subjective elements,The theory of axiom of conduct recognizes the element of subjective illegality,To reveal the objective danger of behavior,For the convenience of dealing with special problems,Also admits subjective illegal elements as an exception,Some scholars believe that illegality is not purely objective,It is impossible to judge the danger of legal interest infringement based only on objective aspects,If it is a subjective illegal element, it will be difficult to identify,But it is equally difficult to consider subjective elements at the liability stage。It is difficult to identify inner facts if they are used as illegal elements,It’s easy if it’s an element of responsibility,This is impossible。This reveals that the opposition between the two theories on related issues has been partially resolved。Therefore,For the long-term development of criminal bet365 promo codes doctrine,What matters is not the theoretical stylized opposition,You should stand on a relatively detached stance,Form systematic thinking by focusing on proper solutions to real-life cases,As for what academic label to put on this method of solving difficult problems, it is secondary。

  Fourth,There should be enough respect for China’s criminal bet365 promo codes legislation,It is not appropriate to criticize legislation frequently。After my country’s large-scale revision of the criminal bet365 promo codes in 1997,Over the past twenty years,Eleven more "Criminal bet365 promo codes Amendments" were enacted。The trend of revitalizing criminal bet365 promo codes legislation in the context of functionalism,This is the reality that criminal bet365 promo codes scholars must face。To this,Some scholars have also raised doubts,Believe that our country’s criminal bet365 promo codes legislation is emotional,Some regulations are false。This kind of criticism may not be tenable。my country’s active legislation always pays attention to the practical problems of the transitional society,It has an empirical basis,Maintaining the clarity of legislation and lenient penalties,Thus reasonable。Legislation means balance and decision-making,It is reasonable with the system of criminal bet365 promo codes doctrine、There should be as few loopholes in the explanation as possible, but the methodology is inherently different;For example, a scholar first presupposes an analytical framework of criminal bet365 promo codes thought,Let’s criticize the criminal bet365 promo codes provisions formulated to complete the governance tasks of modern society,A “cross-border” dialogue with limited meaning;The actual effect of legislation will not disappear due to criticism from criminal bet365 promo codes;Excessive legislative skepticism is bound to oppose criminal bet365 promo codes theory and legislative practice from the beginning,Suppresses the opportunity for criminal bet365 promo codes doctrine to have a concrete impact on the scientificization of future legislation。Activity of legislation brings new opportunities for the development of criminal bet365 promo codes doctrine,In dogmatics, shift from systematic construction to problem thinking,Fully expand on the difficult issues raised by legislation,In particular, provide a reasonable explanation of the constituent elements,Detailed analysis of criminal competition and cooperation relationships, etc.,All can enhance the "resilience" ability of criminal bet365 promo codes doctrine。In the era of active legislation,Criminal bet365 promo codes doctrine must realize the transformation of conceptual theory and the expansion of methodology as soon as possible。

It boils down,Criminal bet365 promo codes researchers in our country must be clearly aware,Criminal bet365 promo codes knowledge has deep-rooted national and local characteristics,Therefore,Criminal bet365 promo codes should take the current Chinese Criminal Code as the logical starting point for research and be strictly bound by it,Adhere to the principle of legal punishment for crimes,The punishment should be as light as possible,Pay special attention to avoid unbalanced sentencing。To truly build China’s criminal bet365 promo codes,It is necessary to arouse the subject consciousness of the researcher。The question that the discussants are concerned about should be what answers legislators have given to legal issues,Instead of what answer legislators should give。Therefore,When constructing criminal bet365 promo codes, special attention should be paid to thinking about which issues are Chinese legislation、Special judicial issues,Maybe this problem also exists in foreign countries,But it is even more special in China;Which problems are China’s real problems rather than false problems。On the basis of discovering the problem,The future of criminal bet365 promo codes cannot be satisfied with just “minor repairs” to existing foreign criminal bet365 promo codes theories,And should achieve a larger scale、More depth、Innovation closer to China’s judicial reality。We must follow the requirements of “adhering to the path of socialist rule of bet365 promo codes with Chinese characteristics” in the report of the 20th National Congress of the Communist Party of China,Looking for legislation that can better engage with China、Social reality、The connection and matching of legal culture,A more convincing way to solve problems,Instead of blindly using cases that have occurred in China to prove the appropriateness of European criminal bet365 promo codes theory,Thus gradually realizing innovation in Chinese criminal bet365 promo codes research,Contribute the meager strength of criminal bet365 promo codes researchers to the comprehensive construction of a modern socialist country on the track of the rule of bet365 promo codes。

(The author is a professor at Tsinghua University bet365 promo codes School)

Editor: Chang Chang
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