Research on the Criminal Theory System

Author: Chen Xingliang
Publisher:
Publish Date: 2005-03-01
Features: Chinese criminal law theory has experienced nearly two decades of development, and its research paradigms are gradually reaching a bottleneck. The knowledge system is becoming increasingly outdated and rigid, facing an overall academic crisis. Overcoming this crisis relies on the awareness and actions of our generation of middle-aged and young criminal law scholars. The criminal law tradition of Peking University Law School inherits the legacy of the masters of the Republic of China era and has always taken the responsibility of reforming the old and establishing the new as its mission. It has a long-standing tradition of bridging Eastern and Western scholarship and encouraging lively academic debates. In recent years, reforms in elite education for doctoral students have produced a cohort of young talents with significant academic potential. At this critical period of paradigm shift, based on reflections on existing theories and comparisons of doctrines from various countries, we will conduct comprehensive studies on cutting-edge issues in criminal law, such as the criminal theory system, criminal methodology, and the epistemological form of criminal law, aiming to provide a series of solutions to overcome the academic crisis and promote the creative transformation of the research paradigms in Chinese criminal law. — Chen Xingliang
The criminal theory system, also known as the criminal constitutive system, is a major topic in contemporary Chinese criminal law theory. This book conducts a comparative study of the criminal constitutive systems in the civil law and common law traditions from the perspective of thinking methods. It reveals the internal logical relationships of the civil law criminal constitutive system, elaborates on the procedural characteristics of the common law criminal constitutive system, and reflects on the shortcomings of the currently prevailing coupled criminal constitutive system in China. Adopting a thematic research approach, the book provides a comprehensive examination of the criminal constitutive system, including both overall evaluations of various systems and detailed analyses of individual constitutive elements. It represents cutting-edge research on criminal theory issues in China. This book is suitable for teachers and students engaged in legal research and study in universities, research institutions, and others with an interest in the subject. This project was supported by Phase II funding from Peking University's "985" program.