Okay, here is the translation following your instructions: Crime Constitution Original Theory

Author: Yang Xingpei
Publisher:
Publish Date: 2004-01-01
Features: Excerpt From the historical process of the formation and development of the crime constitution, we can observe that the crime constitution is a theoretical generalization and conceptual framework derived from the "principle of criminal law determinacy." Through the efforts of scholars, it gradually evolved into a theoretical system. When a country's criminal law of a certain period is recognized through legislation and explicitly stipulated in specific legal provisions, the theoretical crime constitution becomes a statutory crime constitution. Conversely, when a country's criminal law of a certain period does not place sufficient emphasis on the crime constitution, fails to confirm it through legislative provisions, or merely reflects only partial content of the crime constitution in certain specific provisions, then even if there are some "statutory crime constitutions" in the criminal law, the entire crime constitution remains a theoretical generalization, conceptual framework, and theoretical system existing outside the criminal legal norms. From the perspective of the current provisions of China's criminal law, we can also observe that although the specific provisions of China's criminal law division reflect the basic content of the crime constitution and contain certain "statutory specific crime constitutions," the general provisions of China's criminal law have not fully recognized the concept and system of the crime constitution, and even the name of the crime constitution has not appeared in the entire criminal law provisions. Therefore, the crime constitution has basically remained a self-contained theoretical generalization and theoretical system to this day, which is also the reason for the frequent disagreements and debates over the attributes of the crime constitution and even the content of the crime constitution system. Criminal theory is complex and diverse; criminal provisions are concise and clear. The same criminal theory may have different manifestations in different criminal provisions, and the same criminal provision may be interpreted differently under different criminal theories. This contradictory phenomenon of opposition and unity between criminal theory and criminal provisions is reflected in the criminal laws of different countries and has existed for a considerable period of time. China is no exception. Otherwise, all theoretical research and exploration related to criminal law would become redundant. Precisely for this reason, criminal law has become one of the most contentious, complex, and diverse fields within China's legal discipline system. The differing views on the attributes of the crime constitution also reflect this point. To address this issue, some criminal law scholars have proposed a dualistic system that divides the crime constitution into a "specification-based crime constitution" and a "theoretical crime constitution," giving each a precise and unified definition and clearly distinguishing them in terms of conceptual and contentual connotation and extension. They have pointed out that the two types of crime constitutions mainly differ in three aspects: , the specification-based crime constitution is legally stipulated and possesses legal attributes, thereby having legal efficacy; whereas the theoretical crime constitution itself is not a crime specification. Crime specifications are merely the object of its study and explanation. The theoretical crime constitution has theoretical attributes but no legal efficacy. When the theoretical crime constitution aligns with the legally stipulated crime specifications, it also has a certain binding force, but such binding force is...