One Important Approach to Promote the Development of Criminal Law: Controversial Case Studies

Jian LI

Abstract


From 1979 Criminal Law to 1997 Criminal Law, the Criminal Law of New China has been implemented for more than thirty years. In the past thirty years, the content of the criminal law has been continuously enriched and the spate of criminal law amendment and judicial interpretation is proof; continuous innovation appears in the theory of criminal law and the debate about the elements of the crime and the recognition of legal interest is evidence; the degree of public concern about the criminal law is increasing and hot discussions caused by the introduction of the new judicial interpretation and the Criminal Law Amendment are proof. However, throughout the development of the criminal law and theory, the author finds that the phenomenon that the theory and practice are disconnected is serious; discriminating law with the law and arguing theory with theory or repeated demonstration between the law and the theory are still outstanding. This phenomenon is not conducive to the scientific development of criminal law and the theory. The author believes that strengthening the fine study of controversial cases in reality, identifying the problems, using a variety of methods, giving a reasonable, just conclusions that can be accepted by the public, and then rising to the theory by inductive method, closely combining the practice and theory would be a breakthrough and an important method for the future development of the criminal law in China.


Keywords


Criminal jurisprudence; Controversial case; Study method

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References


Cai, S. H. (1947/2000). Criminal law (p.124). Independent Publishing House. In W. Zhang (Ed.s), Research of Chinese criminal justice system and its reform (p.532). People’s Court Press.
Chen, X. L. (2006). On the application of criminal law (Volume 1, 2nd, p.19). Beijing: Renmin University of China Press.
Fujikura, K., Tsuyoshi, K., Takahashi, I., & Higuchi, N. (2005). One hundred anglo-american precedent cases (p.1). In K. Duan & Y. Z. Yang (Trans.). China: Peking University Press.
Ji, X. D., Lü, S. Y., & Ji, F. (2013). Analysis and anticipation of the criminal trend in 2013. China Legal Development Report NO.12 (2014) (pp.71-72). In L. Lin & T. He (Ed.). Social Sciences Academic Press.
Lin, W. (2013). The guidance system of criminal cases: Value, difficult position and improvement. Peking University Law Journal, (3), 515.
Lin, Y. X. (2006). The general provisions of the new criminal law (Volume 1, p.6). Yuanzhao Press.
Sun, Q. (Ed.). (2011). Chinese procuratorial yearbook 2010 (p.528). Chinese Procuratorial Press.
Wang, L. M. (2012). Research on the issues of Chinese case guiding system. Law Science Magazine, (1), 72.
Wang, N. (2007). The representativeness and sampling logic in case studies. Gansu Social Sciences, (5), 3-4.
Xian, T. K. (2009). The situation and strategy to handle petition cases which refused to accept the valid criminal judgment. People’s Procuratorial Semimonthly, (11), 22-23.
Zhang, M. K. (2006). The advocating of less deduction and more induction, criminal law methodology (p.115). Peking University Press.
Zweigert, K., & Klotz, H. (2003). Pandect of comparative law. (p.382). In H. D. Pan, J. Mi, H. J. Gao, & W. F. He (Trans.). Law Press.




DOI: http://dx.doi.org/10.3968/7011

DOI (PDF): http://dx.doi.org/10.3968/%25x

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