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One of the founders of the Chinese Law self -knowledge system, Mr. Gao Mingzheng, studied at Renmin University of China、During the teaching period，It is precisely the stage of starting from the construction of the new Chinese socialist legal system to prosperous development，It is also a stage where the knowledge system of socialist legal knowledge system with contemporary characteristics of contemporary characteristics and continuous development。The older generation of jurists represented by Mr. Gao Mingzheng，Unwavering with the party's policy as the basic lead，Basic criminal policy into the theory of law，Persist in Marxist methodology，Dialectical materialism and historical materialism as the basic starting point for understanding crimes and punishment，Adhere to the actual principles of theoretical contact，Two -way conversion of continuously promoting academic achievements and practical experience，Adhere to the academic character for the world，Main me，Reasonably draw on the theory of out -of -domain criminal law，Actively integrate the experience of criminal governance recognized by the international community into the framework of my country's criminal law research，To be solid、Rigid learning style explore the development path of Chinese criminal law。Comprehensive summary、In -depth research，Innovation of our understanding of the legal knowledge system with Chinese characteristics、Development road is important，It is also an important source of ideological sources in the process of modernization of Chinese -style rule of law。

Mr. Gao Mingzheng's legal thought can be summarized into six aspects。

　　First，Always adhere to the party's leadership，Consciously integrate the party's policy into the study of criminal law。

The development of socialist rule of law in my country has always moved forward under the party's leadership，The party's leadership on the legal system and its implementation can be achieved by formulating policies。Therefore，Whether it is to formulate laws or explanations、All must be comprehensive，All must be comprehensive、Accurate、Timely understanding the party's policy content and requirements。Regardless of participation in the legislative work of criminal law，Still engaged in criminal law research，Mr. Gao Mingzheng always adheres to and emphasizes the guiding meaning of the party's policy。For this，He wrote a personal experience when reviewing the legislation of Chinese criminal law in 2001: "The overall policy of criminal legislation is formulated by the Party Central Committee，Criminal Law legislation should be used in Marxism Leninism、Mao Zedong Thought、Deng Xiaoping theory is guided，The constitution should be based on，To reflect the criminal policy that combines punishment and broadness，Start from the actual situation of our country，Summarize the actual experience of struggling with crimes in my country，It is necessary to absorb the beneficial experience of ancient and modern ancient and modern times for me。”

In order to fully implement the party's policies for criminal governance，Mr. Gao Mingzheng actively provides suggestions and suggestions。For example，Mr. Gao Mingzheng has taken the lead in proposing the necessity of starting and implementing the pardon system，and point out that activating the amnesty system has a significant era value: it can ease the more prominent social contradictions at the moment，Promoting the construction of a harmonious society in socialism; a countermeasure mechanism that helps improve the comprehensive governance crime，Effectively implement the criminal policy of leniency and strictness; help to show the spirit of "national respect and guarantee human rights" constitutional spirit; help to promote the spirit of tolerance，Gradually establish a scientific concept of crime and a rational punishment view。This suggestion is highly valued and adopted，On the eve of the 70th anniversary of the victory of the Chinese People's Anti -Japanese War and the World Anti -Fascist War in 2015，and 2019 to celebrate the 70th anniversary of bet365 best casino games the founding of the People's Republic of China to implement the amnesty on the eve of the 70th anniversary of the founding of the People's Republic of China，Getting good political and social effects。

After reform and opening up，Economic Construction has become one of the central tasks of party and state work，In the process of building a socialist market economy，How to play the positive role of criminal law、Avoid its negative effects，It is necessary to actively the party's policy、accurately transformed into the construction of criminal legal system。Mr. Gao Mingzheng proposed it very early，Considering the actual situation of my country's social and economic transformation period and the characteristics of entrepreneurial crimes，Crimes for entrepreneurs involved in the market economy field should continue to emphasize、Special emphasis on the final protection law of criminal law; all can use civil measures、Contradictions and disputes resolved by administrative means and issues of general violations，Never use criminal laws; whether in legislation or judicial，Conflicts and disputes on the market economy field，Before the non -criminal means，Cannot be easily regulated or easily identified as crime，Be careful with criminal means。He also emphasized，To strengthen the economic guarantee function of criminal law; comprehensively protect the coexistence and development of various ownership economic ingredients，Protect the legitimate rights and interests of various economic subjects; establish a criminal law enforcement outlook on escorting the market economy。The judicial organs must broaden the field of vision serving the market economy，Expand service objects and scope，Enhance service awareness，Improve service conditions，Improve service quality。These suggestions provided strong guidance for criminal legislation and justice at the time。

　　Second，Starting from China，Actively summarize China's criminal governance experience。

As the first -generation jurist trained in New China，Mr. Gao Mingzheng always insists on research on research from the actual and legal practice of Chinese society，The importance of the theoretical connection is clearly emphasized in the textbook he edited by him，The "actual" here is my country's national conditions、Social conditions and the development stage of society。

Starting in October 1954，Mr. Gao Mingzheng participated in the criminal code drafting team formed by the Legal Office of the General Office of the Standing Committee of the National People's Congress，Design the first Criminal Code for the People's Republic of China。The drafting process of this criminal codes fully reflects the facts of seeking truth from facts、Starting from the practice of punishing crimes from New China。From Article 1 of the Code, you can see this distinctive feature，"Combined with the people of all ethnic groups in my country、The people's democratic dictatorship based on the workers and peasants alliance is the dictatorship of the proletariat and the socialist revolution、Specific experience and actual situation of socialist construction "，And this strip also writes the basic criminal policy (combined with disciplinary and wide) determined after bet365 best casino games the founding of the People's Republic of China。This basic criminal policy is also proposed by my country according to the needs of criminal governance，Has positive and distinctive times meaning。Mr. Gao Mingzheng introduced in detail and analyzed the specific considerations in the drafting of my country's criminal codes in the "Breeding and Breeding of the Criminal Law of the People's Republic of China"，Detailed discussion on the ins and outs of some "self -creation" or special legal system in my country。For example，Compare the criminal law of other countries (including the Soviet Union)，Relevant Master Criminal Criminal Criminal Law、Crimina、The regulations for threatening to follow the offender and the instigattic criminals are special，Mr. Gao Mingzheng explained his legislative reasons，This regulation "is more in line with the actual trial in my country，Can better reflect the policy spirit of the party and the country，Especially for group crimes，Even so "。From the perspective of practice，In the case where organized crimes become the main way to Bet365 app download implement the crime，The advantages of our country on common crime are being manifested。

Mr. Gao Mingzheng also pays attention to the meaning of the rule of law formed by the social governance experience formed since the founding of New China。For example，The meaning of the rule of law of his "Fengqiao Experience" is evaluated to，"Maple Bridge Experience" transforms local grassroots governance experience，Development of local cultural and innovative development，It will also to a certain extent to develop social governance experience with Chinese characteristics，Contributing to national conditions、Based on the special plan of practice。

　　third，Good at integrating the essence of traditional Chinese legal culture into the modern legal knowledge system。

Adhere to the Chinese characteristics of the legal knowledge system，In addition to thinking about the actual thinking of crime governance，Also fully understand、Understand the essence of Chinese culture, especially criminal governance culture，combined with the current Chinese criminal governance。

You can fully see it in the writings of Mr. Gao Mingzhang，He always emphasizes the modern meaning of traditional Chinese legal culture。For example，The role of punishment to maintain social ethics is emphasized in the traditional legal culture of our country，In 2010, Mr. Gao Mingzheng wrote an article，Punishment reflects the basic ways of social ethics.、Legislative confirmation and judicial strengthening, etc.，Due to the reality of the ethical goals of my country's punishment policy，It is necessary to use measures such as establishing a gentle understanding of punishment in the overall punishment policy，Make the current punishment policy be adjusted by the ethical direction of punishment，At the same time，Considering that many unreasonable punishment legislative status of the criminal law at that time，It is necessary to pass the death penalty to restrict the death penalty、Regulations on the death penalty and life imprisonment of the elderly make the punishment reflect social ethics。Related suggestions are reflected in the "Criminal Law Amendment (8)" and "Criminal Law Amendment (9)"。

Mr. Gao Mingzhang attaches great importance to the modern meaning of traditional Chinese legal system。For example，For the "Criminal Reconciliation" system，He proposed，my country has a long history of mediation，Judicial practice has accumulated rich mediation experience，This has laid a practical foundation for the introduction of the criminal reconciliation system in my country; at the same time，my country also has the cultural tradition of "disgusting litigation"，The "harmonious" thought contained in criminal reconciliation coincides with my country's traditional peace philosophical concept，This laid the foundation of cultural foundation for the compatibility of the criminal reconciliation system with my country's judicial system。Chinese traditional legal culture has a clear tradition of "caution" ideas，This is also the most modern concept of the Chinese Law Department。

Mr. Gao Mingzheng proposed the "Moderate Criminal Law" and "Slow Criminal Law" in the 20th century，In fact, the idea of ​​"cautious" ideas in my country's traditional legal culture is combined with contemporary criminal legal system。He proposed，Criminal Law's intervention and adjustment of socio -economic life must be moderate，Criminal Law's intervention and adjustment of socio -economic life must be moderate，Must be moderate，In criminal legislation，Requirement is based on the concept of priced prices of most people during a certain period of time; in criminal justice，Requirement based on the degree of feeling of general criminals on the results of the crime，For the purpose of pursuing the most positive social effects of pursuing the maximum limit;，Establishing the importance and taking into account、The concept of light -based，Strict limit、Gradually reduce the application of the death penalty，Pay attention to the role of the dead system，Reduce deprivation of free punishment, especially short -term deprivation of free punishment，Applicable scope of expanded control，Improve property criminal、Status of Qualifications，Breaking the closed state of execution，Perform openness to criminals、Social education transformation。

　　fourth，Vigorously promote the concept of human rights，Actively promote the construction of criminal rule of law human rights。

A core content of modern rule of law，It is to promote human rights protection with the times。Since the reform and opening up，my country has gradually formed the doctrine of socialist human rights with Chinese characteristics，Gradually in practice, a human rights guarantee mechanism that is in line with China。How to strengthen human rights protection in criminal rule of law，It is an important research topic that Mr. Gao Mingzheng has been diligent in。The 1990s，Mr. Gao Mingzheng proposed，The scope of the human rights guarantee of criminal legal law scientifically，Criminal Law must not only protect the rights and interests of law -abiding citizens，And to ensure criminal victims、The defendant、Various legitimate rights and interests of the offender; establish and improve the criminal law mechanism for human rights protection; cancel the category push system，Restalting the traceability of the criminal law retrospective，It is forbidden to explain the criminal law of the judicial organs; strictly restrict and reduce the application of the death penalty，Do a good job of minor hazard behavior in a timely manner，Human rights protection of the torture link，Provide the necessary survival guarantee for the personnel released by the Manchu Manchu。He emphasizes the establishment of people -oriented concepts，Coordinate the contradiction between cracking down on crimes and guarantee human rights，At the institutional level is social protection and human rights protection、National punishment rights and personal rights of citizens delineate reasonable division line。

​​Significance of human rights guarantee on the legal principles of crimes，Mr. Gao Mingzheng pointed out，After hundreds of years of history,，The legal principle of criminal punishment is regarded as the most basic principle of rule of law by the criminal law of countries around the world，It reflects the need to protect human rights，and a certain restriction on the exercise of judicial power; the principle of legal punishment is the crystallization of the state to safeguard social order and protect the legal rights of citizens，is a high unity of national power and citizen rights in the criminal field。During the modification of the criminal law in 1997，He proposed again，Criminal Law stipulates the legal principle of crime and punishment、The abolition system push system has great significance: one，Directly indicates that insisting on governing the country according to law，Strategic policy of building a country in socialist rule of law;，While resolutely fighting the crime，More comprehensive protection of citizens' legitimate rights is not violated;，Adaptation to the trend of international progress，To better reflect the democracy and progress of my country's criminal law，International prestige to improve my country's criminal rule of law。It is under the strong promotion of Professor Gao Mingzheng and other legal researchers，my country ’s 1997 Criminal Code officially established the legal principle of criminal punishment。

The problem of death penalty is a extensive controversial human rights issue。Mr. Gao Mingzheng wrote a number of articles discussing the problem of death penalty in different periods。He pointed out，The death penalty involves the most fundamental human rights、Touching the deepest humanity problem，Death penalty in the punishment system is a very special type of punishment; the launch of the death penalty must be unusual，That is, the applicable death penalty can only be based on the need to prevent crimes.，If you pass the death penalty, you can achieve the purpose of punishment to prevent crimes，It means that there is no dysentery that is not available for death;，Applicable death penalty must be cautious。Emphasis on the criminal policy of wide and strict and strictness，When applying the criminal law, you must consider the possibility of lenient punishment，As far as the death penalty policy is concerned，It is required that judges must be sentenced to death for criminals who are extremely serious when trialing criminal cases，But with a statutory or depending on the light、When reducing the punishment plot，It is not possible to execute the death penalty immediately，should be bet365 live casino games declared in accordance with the law or in prison or even in prison。

Fifth，Adhere to the mutual learning of the rule of law and civilization，Constantly explore the criminal law system that explains the power of criminal judicial practice in China。

Due to historical reasons，The basic framework of my country's contemporary criminal law system is quoted from the Soviet Union，but but，Since the 1980s, the theory of criminal law in other countries has been continuously absorbed，At the same time, we will continue to summarize the experience of my country's legal practice、Refine，It can be said，Today's criminal law system is far different from the theory of contemporary criminal law of the Soviet Union and Russia。In the formation and development process of contemporary criminal law in my country，Mr. Gao Mingzheng is always a banner。

In terms of criminal theory system，Mr. Gao Mingzheng adheres to the theory of crime composition，and use dialectical materialism to demonstrate the rationality of the theory。He pointed out very early，Criminal composition theory is an extremely important part of Marxist criminal law。He thinks，The theory of four elements of crime composition is a historic choice，Historical rationality; in line with China's national conditions，It has realistic rationality; strict logic、Following the laws of cognitive; the characteristics of the essence of crime，It has internal rationality; compared with the three -level criminal theory system of Germany and Japan，This system is relatively stable、Suitable for Chinese litigation mode，With obvious comparative advantages。He explicitly pointed out，The most essential aspect of any criminal behavior is nothing more than object、Objective aspect、subject、The four major blocks of subjective aspects。These four pieces are sufficient to include the specific constituent elements of any criminal behavior，Refine through the necessary elements and the filtering of selective elements，The boundary between criminal behavior and non -crime can be accurately divided。Four requirements of crime composition theory is complete、accurately reflect the objective essence and internal structure of the criminal behavior，It is the harmfulness of the criminal behavior、Criminal illegal、Specific proof of the three characteristics of punishment punishment，Is a valid ruler for accurate identification of crime。

Different from other countries' criminal law theory，Chinese criminal law scholars creatively proposed the theory of criminal liability。Mr. Gao Mingzheng attaches great importance to the study of this category，Is the main pioneer in this field。As early as the early 1990s，He wrote many times to study criminal liability issues，also guided a number of doctoral students to conduct a special research on criminal responsibility。He thinks，Different from the behavior that has occurred with crime theory，Evaluation objects for criminal responsibility should be people who have implemented criminal acts。Through the study of the offender，Examine its subjective situation，Based on the criminal decision of criminal liability，Further comprehensive subjective and special circumstances，Adjust and correct criminal liability。The central task of criminal theory is compared to conviction，The central task of the theory of criminal responsibility is to attribute，that is, after the crime is determined，The state considers how to belong to the criminal liability of the criminal; just like the conviction must be judged based on the theory of four elements of crime，Sentences must be used as a reference through the use of sentencing circumstances，Attention should also have its own judgment basis，is the attribution element and the blame system。Mr. Gao Mingzhang's research on criminal responsibility theory，Visual field of theoretical research on criminal law，It also injected important original elements into the construction of China's criminal law independent knowledge system。

Mr. Gao Mingzheng's research on punishment theory has led to a warm discussion on the basic issues of punishment in criminal law。In addition to systematically studying the death penalty，He discussed the fine early、Singing torture、Plan to quantify torture、Surprove、Establishment、Community correction、Specific issues such as the prohibition bet365 live casino games order，It provides important guidance for legislative improvement and judicial practice。At the same time，He also emphasizes the socialization concept of execution，I believe that modern criminal rule of law，Not only the goal of punishing criminals，More importantly, to educate and transform criminals through punishment，prompting them to return to society，Re -become a kind citizen of society。The management of criminals in the "execution"，It is an important aspect of close connection between social management innovation and criminal law。The process of execution is also the process of re -socialization of the criminal，Mobilize social forces to correct the criminals，Not only can you save judicial costs，You can also achieve better correction effects with social interaction with criminals。He also specifically pointed out，my country's criminal law stipulates probation、parole release、Open punishment measures such as control，But due to incomplete legislative design、Uncomfortable execution mechanisms and other reasons，These systems do not play its due role，It should be improved on the concept of criminal socialization。

Mr. Gao Mingzheng always advocates "Development Criminal Law"，Emphasizing the theory of criminal law must keep pace with the times。Recent，He wrote an article，Criminal Law with Chinese characteristics is the product of independent development，Taking compatibility and internal trait，Has achieved major achievements，I have accumulated rich development experience。Under the guidance of high -quality development goals during the "14th Five -Year" period，Taking Xi Jinping's thinking as the fundamental follow，Criminal law with Chinese characteristics should quickly enter the new era of high -quality development，and become an important part of governing the country in accordance with the law，The same frequency resonance with Chinese -style modernization。According to the overall plan of high -quality development，With the specific requirements of Xi Jinping's thinking of the rule of law as the outline，It should be done quickly to do the ability to govern the governance and system，Especially the governance of improving minor crimes and cyber crimes、Regulatory efficacy in emerging fields such as digital economic crimes。

　Sixth，With the world，Looking at the world，Leading the international development of Chinese law。

Today's World，People in various countries and regions are getting closer，The globalization trend may have twists and turns、slow，But it is irreversible。Crime problems have already across the country，Become a major realistic problem that affects the well -being of the people of all countries。The helm of the Chinese criminal law community，Mr. Gao Mingzhang always emphasizes the international construction of Chinese law，Not only comprehensive、To accurately understand the research trend of the foreign legal community，Strengthen international academic exchanges，We must actively pay attention to the development trend of international criminal law，In -depth grasp of the research trend of the international community on criminal governance，Especially international conventions involving criminal issues。

Since the reform and opening up，Mr. Gao Mingzheng's footprints all over the country，Entering lectures、Examination and academic exchange activities，Actively publicize the rule of law with Chinese characteristics，Learn from advanced experience in absorbing developed countries。1987，Assignment of the Chinese Law Society，Mr. Gao Mingzhang participated in the academic seminar of the international death penalty problem held in Italy in May of that year，Except for the mainstream viewpoint of the Chinese criminal law during the meeting during the meeting，Professor Brazil, Professor Brazil, who is the Secretary -General of the International Criminal Law Association, expressed the willingness to apply for the China Criminal Law to join the International Criminal Law Association，Get the first of the association's leaders，After that，Approve by the Chinese Law Society for the State Council's leaders，The Chinese Criminal Law Community officially joined the International Criminal Law Association in 1988 and established the China bet365 best casino games Branch，This measure is modernized and internationalized for China's criminal legal community，Make a very important contribution。Especially 1999-2009，His vice chairman of the International Association of Criminal Law for two consecutive sessions，Entrusted by the International Criminal Law Association during the term of office，With the leadership and support of the Chinese Law Society，Leading the International Criminal Law Association China Branch successfully held the 17th International Criminal Law Conference with the Chinese Law Society in 2004，Highly evaluated at home and abroad，It has a wide and profound impact on the progress of China's criminal legal community to the international stage and the progress of criminal rule of law in the international community。

Mr. Gao Mingzheng's outstanding contribution to the study of international criminal law，High praise from colleagues from international criminal law。April 15, 2015，The International Society of Social Defence (the International Society of Social Defence) awarded Mr. Gao Mingzheng。The International Society of Defensive Society set up the "Cocyre Becaria Award" to recognize the world of Xianda who has made great contributions to promoting the spirit of the rule of law and humanitarian care in the field of criminal law。Mr. Gao Mingzheng is the first Asian who won the award。According to the official document of the International Society of Defense，Mainly because of Professor Gao Mingzhang "The huge achievements made by modern criminal law based on human rights protection and humanitarian criminal policy in China。His teaching research has created a large number of senior scholars，They are active in world -renowned universities，Now it has grown into the material of the beam of the international academic world "。

Looking back on the development process of socialism with Chinese characteristics，Sorting out the formation process of the Chinese legal independent knowledge system，Let us deeply understand，The older generation of jurists represented by Mr. Gao Mingzheng's hard -working and hard work to build a socialist country with Chinese characteristics。You can see the love of the people from them、The sincerity of the development of the country、Responsibility for historical responsibilities and adherence to academic ideals。They are not only the inheritors of the Chinese Law Department of Law，It is the creator of the modernization of the Chinese Law Department。A role model guidance of the older generation of jurists represented by Mr. Gao Mingzheng，Active efforts of a new generation of legal researchers，We believe，The Chinese Law Department has been sinking near a century，It will be proudly in the world in the world with a new attitude。

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