The Spirit and Scope of Criminal Law

Author: Qu Xinjiu
Publisher:
Publish Date: 2003-01-01
Features: This book is a philosophical treatise on criminal law, focusing on the spirit and categories of criminal law. The author comprehensively employs various research methods, including historical, comparative, and semantic analysis, to explore the content and significance of the core values of criminal law (such as personal freedom, social order, principles of justice, and utilitarian goals) in the consensus discourse of China's criminal law academia. Drawing extensively on existing research achievements both domestically and internationally while closely integrating China's legislative and judicial practices, the book systematically elaborates on the four major substantive categories (basic concepts) of crime, criminal, criminal liability, and penalty, as well as the four relational categories (principles) of legality of crime and punishment, proportionality between crime and punishment, individualization of punishment, and the principle of extended punishment, along with their complex interrelationships. This naturally forms a comprehensive and open criminal philosophy system with compatibility and openness.