Gao Mingxuan (1928— )，People from Yuhuan, Taizhou, Zhejiang，Famous contemporary jurist and legal educator，The main founder and pioneer of bet365 promo codes in New China。The only scholar who participated in the formulation of the first criminal code of New China、The first doctoral supervisor in bet365 promo codes in New China、The author of the first legal academic monograph after the reform and opening up and the editor-in-chief of the first unified bet365 promo codes textbook。Once studied under the famous Soviet bet365 promo codes expert Professor Bestlova、Professor Damaheng、Professor Nikolaev and Professor Kolkin。Served as Dean of the Law Department of Renmin University of China、Director of the Faculty of Law Faculty Committee, Second Degree Committee of the State Council、三、Member of the fourth subject evaluation group、Convener of the Legal Science Group, Vice President of China Law Society、President of the bet365 promo codes Research Society of the China Law Society、Vice Chairman of the International Association of bet365 promo codes and Chairman of the China Branch, etc.。Won the national “Young and Middle-aged Experts with Outstanding Contributions” (1984)、“National Outstanding Teacher” (1995)、“National Advanced Individual in Teacher Ethics” (2001)、 "Cesare Beccaria Award" (awarded by the International Social Defense Society in 2015)、“People’s Educator (2019)” and other honorary titles。

Mr. Gao Mingxuan, one of the founders of China’s independent legal knowledge system, studied at Renmin University of China、While teaching，It is precisely the stage when the construction of the socialist legal system in New China has begun to prosper and develop，This is also the stage where the contemporary socialist legal knowledge system with Chinese characteristics sprouts and continues to develop and improve。The older generation of jurists represented by Mr. Gao Mingxuan，Unswervingly take the party’s policy as the basic guidance，Integrating basic criminal policies into legal theory，Adhere to Marxist methodology，Taking dialectical materialism and historical materialism as the basic starting point for understanding crime and punishment，Adhere to the principle of integrating theory with practice，Continuously promote the two-way transformation of academic achievements and practical experience，Adhere to the academic character of facing the world，I am the main one，Reasonably absorb foreign bet365 promo codes theories，Proactively integrate the internationally recognized criminal governance experience into the research framework of our country’s bet365 promo codes，To be solid、Exploring the development path of Chinese bet365 promo codes with a rigorous academic style。Comprehensive summary、In-depth study of the legal thoughts of the older generation of jurists represented by Mr. Gao Mingxuan，Innovation in our understanding of the legal knowledge system with Chinese characteristics、The development path is of great significance，It is also an important source of thought in our vigorous promotion of the modernization of the Chinese-style rule of law。

Mr. Gao Mingxuan’s bet365 promo codes thoughts can be summarized into six aspects。

　　First，Always adhere to the party’s leadership，Consciously integrate the party’s policies into bet365 promo codes research。

The development of my country’s socialist rule of law has always been advancing under the leadership of the party，The party’s leadership over the legal system and its implementation is achieved through the formulation of policies。Therefore，Whether it is making laws or interpreting、Applicable law，Everything must be comprehensive、Accurate、Understand the party’s policy content and requirements in a timely manner。Regardless of participating in bet365 promo codes legislation，Still engaged in bet365 promo codes research，Mr. Gao Mingxuan always adheres to and emphasizes the guiding significance of the party’s policies。To this，When reviewing my country’s bet365 promo codes legislation in 2001, he wrote based on his personal experience: “The overall policy of criminal legislation is formulated by the Party Central Committee，bet365 promo codes legislation must be based on Marxism-Leninism、Mao Zedong Thought、Deng Xiaoping Theory as a guide，Based on the Constitution，We must embody a criminal policy that combines punishment with leniency，We must proceed from the actual situation in our country，Summary of our country’s practical experience in fighting crime，To absorb the experience that is beneficial to me from ancient and modern times at home and abroad。”

In order to fully implement the party’s policies on crime management，Mr. Gao Mingxuan actively provides suggestions。For example，Mr. Gao Mingxuan was the first to propose the necessity of launching and implementing the amnesty system，And pointed out that activating the amnesty system has great contemporary value: it can alleviate the current prominent social contradictions to a certain extent，Promote the construction of a harmonious socialist society；Conducive to improving the countermeasure mechanism for comprehensive crime control，Effectively implement the bet365 promo codes policy of combining leniency with severity；It helps to demonstrate the constitutional spirit of “the state respects and protects human rights”；Helps promote the spirit of tolerance，Gradually establish a scientific view of crime and a rational view of punishment。This suggestion was highly valued and adopted，On the eve of commemorating the 70th anniversary of the victory of the Chinese People’s War of Resistance Against Japanese Aggression and the World Anti-Fascist War in 2015，And two amnesties in 2019 on the eve of celebrating the 70th anniversary of the founding of the People's Republic of China，Achieved good political and social effects。

After the reform and opening up，Economic construction has become one of the central tasks of the party and the country，In the process of building a socialist market economy，How to play the positive role of bet365 promo codes、Avoid its negative effects，It is necessary to make the party’s policies positive、Accurately transform it into the construction of criminal legal system。Mr. Gao Mingxuan proposed it very early，Taking into account the actual situation of our country’s social and economic transformation period and the characteristics of entrepreneurial crimes，We should continue to emphasize the crimes committed by entrepreneurs in the field of market economy、Special emphasis on the positioning of the final safeguard law of bet365 promo codes；Any civil means can be used、Conflicts and general illegal issues resolved by administrative means，Criminal methods must not be used；No matter in legislation or judiciary，Conflicts and disputes arising in the field of market economy，Before there were no provisions for non-criminal means，Cannot be easily stipulated or easily recognized as a crime，Be sure to use criminal methods with caution。He also emphasized that，We must strengthen the economic protection function of bet365 promo codes；Comprehensive protection of the coexistence and development of economic sectors of various ownerships，Protect the legitimate rights and interests of various economic entities；Establish a bet365 promo codes enforcement concept that protects the market economy。Judiciary agencies must broaden their horizons in serving the market economy，Expand service objects and scope，Enhance service awareness，Improve service conditions，Improve service quality。These suggestions provided powerful guidance for the criminal legislation and justice at that time。

　　Second，From the actual situation in China，Actively summarize China’s experience in bet365 promo codes management。

As the first generation of jurists trained in New China，Mr. Gao Mingxuan always insists on studying issues based on Chinese social reality and bet365 promo codes practice，In the textbook he edited, he clearly emphasized the importance of linking theory with practice，The "reality" here is our country's national conditions、Social conditions and the development stage of society。

Since October 1954，Mr. Gao Mingxuan joined 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 code fully embodies seeking truth from facts、Starting from the practice of punishing crimes in New China。This distinctive feature can be seen from the provisions of Article 1 of the Code，“To unite the people of all ethnic groups in our country to implement proletarian leadership、The people’s democratic dictatorship based on the alliance of workers and peasants is the dictatorship of the proletariat and the conduct of socialist revolution、Concrete experience and actual situation of socialist construction”，And this article also writes the basic criminal policy (combination of punishment and leniency) determined after the founding of New China into the code。This basic criminal policy is also proposed by our country based on the needs of crime management，Has positive and distinct significance of the times。Mr. Gao Mingxuan introduced in detail and analyzed the specific considerations in the drafting of our country's criminal code in "The Breeding and Birth of the bet365 promo codes of the People's Republic of China"，A detailed discussion of the ins and outs of some of my country’s “self-created” or special legal systems。For example，Compare the criminal laws of other countries (including the Soviet Union)，Related principals in my country’s bet365 promo codes、Accomplice、The regulations for coercion, accomplices and abettors are rather special，Mr. Gao Mingxuan explained the reasons for his legislation，This provision is “more in line with the actual trial practice in our country，Can better reflect the policy spirit of the party and the country，Especially for group crimes，Even more so”。From a practical point of view，In the context of organized crime increasingly becoming the main method of committing crimes，The advantages of my country’s joint crime provisions are emerging。

Mr. Gao Mingxuan also pays close attention to the legal significance bet365 promo codes social governance experience formed since the founding of New China。For example，He commented on the legal significance bet365 promo codes “Maple Bridge Experience”，“Maple Bridge Experience” creatively transforms local grassroots governance experience，Innovative development of local cultural traditions，To a certain extent, we will also carry forward the social governance experience with Chinese characteristics，Contribute in line with national conditions、Featured plan based on practice。

　　Third，Good at integrating the essence of traditional Chinese bet365 promo codes culture into the modern bet365 promo codes knowledge system。

Adhere to the Chinese characteristics bet365 promo codes legal knowledge system，In addition to thinking about the actual problem of crime management in China，We also need to fully understand、Understanding the essence of Chinese culture, especially crime management culture，And combine it with the current crime management in China。

It can be fully seen in the writings of Mr. Gao Mingxuan，He always emphasizes the modern significance of traditional Chinese legal culture。For example，my country’s traditional legal culture emphasizes the role of punishment in maintaining social ethics，Mr. Gao Mingxuan wrote an article in 2010，The basic way for punishment to reflect social ethics is through policy adjustment、Legislative confirmation and judicial strengthening, etc.，Due to the reality that there are deviations in the ethical goals of my country’s penal policy，It is necessary to adopt measures such as establishing awareness of lighter punishment in the overall penalty policy，Adjust the current punishment policy in the ethical direction that punishment should have，At the same time，Considering the many unreasonable penalties legislation in the bet365 promo codes at that time，It is necessary to pass restrictions on the death penalty、Regulations such as exempting the elderly from the death penalty and life imprisonment make punishment reflect social ethics。Relevant suggestions are specifically reflected in the "bet365 promo codes Amendment (8)" and "bet365 promo codes Amendment (9)"。

Mr. Gao Mingxuan pays special attention to the modern significance of China’s traditional legal system。For example，For the "bet365 promo codes reconciliation" system，He proposed，Our country has a long history of mediation，Accumulated rich mediation experience in judicial practice，This lays a practical foundation for the introduction of the bet365 promo codes reconciliation system in our country；At the same time，Our country also has a cultural tradition of “dislike litigation”，The idea of ​​"harmony is precious" contained in bet365 promo codes reconciliation coincides with our country's traditional philosophy of harmony，This lays a cultural foundation for the compatibility of the bet365 promo codes reconciliation system with our country’s judicial system。Traditional Chinese legal culture has a distinct ideological tradition of "cautious punishment"，This is also the most modern concept of the Chinese legal system。

Mr. Gao Mingxuan proposed the "moderate bet365 promo codes concept" and the "light probation law concept" in the 20th century，In fact, it is to combine the idea of ​​"cautious punishment" in our traditional legal culture with the contemporary criminal legal system。He proposed，The intervention and adjustment of bet365 promo codes on social and economic life must be moderate，It is the setting of legal penalties for crimes and the execution of specific crimes，Must be moderate，In criminal legislation，Required to be based on the concept of equivalence of crime and punishment of most people in a certain period；In Criminal Justice，The requirement is based on how ordinary criminals feel about the consequences of crime，To pursue the maximum positive social effect；Abandon the idea of ​​severe punishment，Establish a balance between priorities and priorities、The concept of focusing on lightness，Strictly restricted、Gradually reduce the application of the death penalty，Pay attention to the role of the suspended death penalty system，Reducing the application of deprivation of liberty sentences, especially short-term deprivation of liberty sentences，Expand the scope of application of controls，Increase property penalties、Status of qualification penalty，Breaking the closed state of execution，Enforce openness to criminals、Social education transformation。

　　Fourth，Strongly promote the concept of human rights，Actively promote the construction of bet365 promo codes rule of law and human rights。

A core content of modern rule of law，It is to advance with the times to promote human rights protection。Since the reform and opening up，Our country has gradually formed a socialist human rights protection doctrine with Chinese characteristics，In practice, a human rights protection mechanism that is consistent with China’s reality has gradually been formed。How to strengthen human rights protection in bet365 promo codes，This is an important research topic that Mr. Gao Mingxuan has been diligently pursuing。1990s，Mr. Gao Mingxuan proposed，It is necessary to scientifically define the scope of human rights protection under bet365 promo codes，bet365 promo codes must not only protect the rights and interests of law-abiding citizens，And we must protect criminal victims、Defendant、The legal rights and interests of criminals；Establish and improve the bet365 promo codes mechanism for human rights protection；Cancel the analogy system，Restricting the retroactive effect of criminal laws，Prohibit judicial organs from interpreting bet365 promo codes beyond their authority；Strictly limit and reduce the application of the death penalty，Decriminalize minor harmful behaviors in a timely manner，Strengthening human rights protection during execution，Provide necessary survival guarantees for persons released from prison。He emphasized the establishment of a people-oriented concept，Coordinate the contradiction between fighting crime and protecting human rights，Social protection and human rights protection at the institutional level、Draw a reasonable dividing line between the state’s penal power and individual citizens’ rights。

The significance of human rights protection based on the principle of legal punishment，Mr. Gao Mingxuan pointed out，After hundreds of years of history，The principle of statutory punishment is regarded as one of the most basic principles of the rule of law in criminal laws around the world，Reflects the need to protect human rights，There are certain restrictions on the exercise of judicial power；The principle of legality of crime and punishment is the crystallization of the state's maintenance of social order and protection of citizens' legitimate rights，It is a high degree of unification of state power and civil rights in the criminal field。During the bet365 promo codes revision process in 1997，He proposed again，The legal principle of bet365 promo codes and punishment、Abolition of the analogy system is of great significance: First，Directly demonstrates the adherence to rule of law in the field of bet365 promo codes，Strategic guidelines for building a socialist country under the rule of law；Part 2，While resolutely fighting crime，Protect citizens’ legal rights more comprehensively from infringement；Part 3，Adapt to the international trend of progress，Better reflect the democratic and progressive nature of our country’s bet365 promo codes，Improve the international prestige of our country’s criminal rule of law。It is precisely under the vigorous promotion of legal researchers such as Professor Gao Mingxuan，my country’s 1997 Criminal Code formally established the principle of legality of crime and punishment。

The death penalty is a widely controversial human rights issue。Mr. Gao Mingxuan has written many articles discussing the death penalty issue at different times。He pointed out，The death penalty involves the most fundamental human rights、Questions that touch the deepest human nature，The death penalty is a very special type of punishment in the penalty system；The death penalty must be initiated out of necessity，That is, the death penalty can only be applied based on the necessity to prevent crime，If other punishments other than the death penalty are used, the purpose of crime prevention through punishment can be achieved，It means there is no necessity to apply the death penalty；It is prudent to apply the death penalty，The death penalty must be applied with caution。Emphasis on the criminal policy of combining leniency with severity，The possibility of leniency must be considered when applying bet365 promo codes，In terms of death penalty policy，Require judges to impose the death penalty on extremely serious criminals when hearing criminal cases，But with statutory or discretionary leniency、When there are mitigating circumstances，It cannot be sentenced to death and executed immediately，And should be pronounced with a suspended death penalty or life imprisonment or even fixed-term imprisonment in accordance with the law。

　Fifth，Adhere to the rule of law and mutual learning among civilizations，Continuously explore the bet365 promo codes system that has the power to explain China’s criminal justice practice。

Due to historical reasons，The basic framework of my country’s contemporary bet365 promo codes system is quoted from the Soviet Union，However，Continuously absorbing bet365 promo codes theories from other countries since the 1980s，At the same time, we continue to summarize our experience in my country’s legal practice、Refining，It can be said，Our country’s bet365 promo codes system today is far different from the contemporary bet365 promo codes theories of the Soviet Union and Russia。In the process of the formation and development of contemporary bet365 promo codes in our country，Mr. Gao Mingxuan is always a flag。

In terms of the criminal theory system，Mr. Gao Mingxuan consistently adheres to the theory of crime composition，And use dialectical materialism to demonstrate the rationality of this theory。He pointed out very early，The theory of crime composition is an extremely important part of Marxist bet365 promo codes。He thinks，The four-element crime theory is a historic choice，Historically reasonable；In line with China’s national conditions，Realistic and reasonable；Strict logic、In line with the laws of understanding；Conforming to the essential characteristics of crime，Inherently reasonable；Compared with the German and Japanese three-class criminal theory system，This system is relatively stable、Suitable for Chinese litigation model，Has obvious comparative advantage。He pointed out clearly，The most essential aspect of any criminal act is nothing more than the object、Objective aspects、Subject、Four subjective aspects。These four blocks are enough to cover all the specific elements of any criminal act，Through the refining of necessary elements and the filtering of optional elements，Be able to accurately distinguish the boundaries between criminal and non-criminal behavior。Complete theory of the four elements of crime、Accurately reflects the objective nature and internal structure of criminal behavior，It is a criminal act that is harmful to society、Criminal illegality、Concrete confirmation of the three major characteristics of the punitive nature of punishment，Is an effective yardstick for accurately identifying crimes。

Different from other countries’ bet365 promo codes theories，Chinese bet365 promo codes scholars creatively put forward the theory of criminal liability。Mr. Gao Mingxuan attaches great importance to research in this field，is a major pioneer in this field。Back in the early 1990s，He has written many articles on criminal liability issues，Also guided many doctoral students to conduct special research on criminal liability。He thinks，Different from crime theory which focuses on evaluating the behavior that has already occurred，The evaluation object of criminal liability should be the person who committed the crime。Through the study of criminals，Examine the special circumstances of its subjective aspects，Based on the crime determining criminal responsibility，Further comprehensive consideration of the criminal’s subjective special circumstances，Adjust and amend the size of criminal liability。Compared with the central task of criminal theory which is conviction，The central task of criminal responsibility theory is to impute responsibility，That is, after the crime is determined，The state considers how to attribute criminal responsibility to criminals；Just like the conviction must be judged based on the theory of the four elements of crime，Sentencing must be based on the application of sentencing circumstances，You should also have your own basis for judgment when assigning blame，That is, the factors of imputation and the imputation system。Mr. Gao Mingxuan’s research on the theory of criminal liability，Greatly expanded the horizons of theoretical research in bet365 promo codes，It also injects important original elements into the construction of China’s independent knowledge system of bet365 promo codes。

Mr. Gao Mingxuan’s research on penalty theory has led to heated discussions on basic issues of penalty in the criminal legal community。In addition to systematically studying the issue of death penalty，He systematically discussed fines earlier、Sentencing issues、Discretionary sentencing circumstances、surrender、Making meritorious service、Community Correction、Specific issues such as prohibition orders，Provides important guidance for legislative improvement and judicial practice。At the same time，He also emphasized the socialization concept of execution，Think about modern bet365 promo codes，Not just the goal of punishing criminals，What is more important is to educate and reform criminals through punishment，Prompt them to return to society，Become a good citizen of society again。Management of criminals in "execution"，It is an important aspect that closely links social management innovation and bet365 promo codes。The process of execution is also a process of resocializing the criminal，Mobilize social forces to correct criminals，Not only can it save judicial costs，Better correction effects can also be achieved through the interaction between criminals and society。He also specifically pointed out，Our country’s bet365 promo codes provides for suspended sentences、Parole、Open penal measures such as control，But due to imperfect legislative design、Insufficient execution mechanism and other reasons，These systems are not functioning as they should，It should be improved around the concept of socialization of execution。

Mr. Gao Mingxuan always advocates "developmental bet365 promo codes"，Emphasis on the need for bet365 promo codes theory to keep pace with the times。Recent，He wrote an article，bet365 promo codes with Chinese characteristics is the product of independent development，Taking eclecticism as an inherent trait，Major achievements have been made，Accumulated rich development experience。Under the guidance of high-quality development goals during the “14th Five-Year Plan” period，Fundamentally follow Xi Jinping’s Thought on the Rule of Law，bet365 promo codes with Chinese characteristics should quickly enter a new era of high-quality development，And become an important part of the comprehensive rule of law，Resonating with Chinese-style modernization。In accordance with the overall plan for high-quality development，Taking the specific requirements of Xi Jinping’s thought on the rule of law as the outline，We should pay close attention to improving the bet365 promo codes governance capabilities and system construction，Especially improve the management of petty crimes and cybercrime、Regulatory effectiveness in emerging areas such as digital economic crime。

　Sixth，With the world in mind，Look at the world，Leading the international development of Chinese bet365 promo codes。

Today’s world，The exchanges between people of various countries and regions are getting closer，Although the trend of globalization may have twists and turns、Slow down，But it is irreversible。Crime has long transcended borders，It has become a major practical issue affecting the well-being of people in all countries。As the leader of China’s bet365 promo codes community，Mr. Gao Mingxuan always emphasizes the international construction of Chinese law，It must be comprehensive、Accurately understand the research trends in foreign legal circles，Strengthen international academic exchanges，We must also actively pay attention to the development trends of international bet365 promo codes，In-depth understanding of the international community’s research trends on crime governance，especially international conventions involving criminal issues。

Since the reform and opening up，Mr. Gao Mingxuan has traveled to all continents，Engaged in giving lectures、Inspection and academic exchange activities，Actively promote the socialist rule of law with Chinese characteristics，Learn from and absorb the advanced experience of developed countries。1987，Assigned by the China Law Society，Mr. Gao Mingxuan participated in the international academic seminar on the death penalty held in Italy in May of that year，During the conference, in addition to expressing the mainstream views on the death penalty in Chinese bet365 promo codes circles，He also specifically expressed to Professor Bassioni, who was the Secretary-General of the International Association of bet365 promo codes at the time, the intention of the Chinese bet365 promo codes community to apply to join the International Association of bet365 promo codes，Received approval from the leaders of the association，After，Submitted by China Law Society to the leaders of the State Council for approval，The Chinese bet365 promo codes community officially joined the International Association of bet365 promo codes in 1988 and established the Chinese branch，This move is important for the modernization and internationalization of Chinese bet365 promo codes circles，Made a very important contribution。Especially 1999-2009，He has served as Vice President of the International Association of bet365 promo codes for two consecutive terms，And accept the commission from the International Association of bet365 promo codes during his term of office，Under the leadership and support of China Law Society，Led the Chinese branch of the International Association of bet365 promo codes to successfully host the 17th International bet365 promo codes Congress in Beijing in 2004 together with the China Law Society，Received high praise at home and abroad，It has had a broad and profound impact on the advancement of Chinese bet365 promo codes circles on the international stage and the advancement of bet365 promo codes in the international community。

Mr. Gao Mingxuan’s outstanding contribution to the study of international bet365 promo codes，Highly praised by colleagues in international bet365 promo codes。April 15, 2015，The International Society of Social Defense solemnly awards the "Cesare Beccaria Award" to Mr. Gao Mingxuan。The International Society for Social Defense established the "Cesare Beccaria Award" to commend outstanding individuals from all over the world who have made great contributions to the realization of the spirit of the rule of law and humanitarian care in the field of bet365 promo codes。Mr. Gao Mingxuan is the first Asian to win this award。According to official documents of the International Social Defense Institute，Mainly because of Professor Gao Mingxuan’s “great achievements in developing modern bet365 promo codes based on human rights protection and humanitarian criminal policy in China。His teaching and research training has created a large number of senior scholars，They are active in world-renowned universities，Now he has grown into a pillar of the international academic community”。

Reviewing the development process of socialist rule of bet365 promo codes with Chinese characteristics，Combining the formation process of China’s independent legal knowledge system，Let us deeply understand，The hardships and efforts made by the older generation of jurists represented by Mr. Gao Mingxuan to build a socialist country under the rule of bet365 promo codes with Chinese characteristics。You can see their love for the people、Sincerity for national development、Responsibility to history and persistence in academic ideals。They are the continuous inheritors of the Chinese legal system，He is the creator of the modernization of the Chinese legal system。The examples and guidance of the older generation of jurists represented by Mr. Gao Mingxuan，There are active efforts by a new generation of legal researchers，We believe，After nearly a century of decline in the Chinese legal system，Will definitely stand proudly in the east of the world with a brand-new attitude。

　(The author is a professor at the bet365 promo codes School of Renmin University of China)