Research on the Principle of Unity of Subjective and Objective in Criminal Law: Criminal Law Science Library

Author: Nie Lizhe
Publisher:
Publish Date: 2004-01-01
Features: The modern state is a rule-of-law state. A modern, progressive society is a rule-of-law society. The establishment and implementation of China's fundamental governance strategy of governing the country according to law and building a socialist rule-of-law state are crucial to the development and progress of Chinese society. It is undeniable that modern criminal legal governance still plays a significant role in modern rule-of-law states, and accordingly, the discipline of criminal law has been highly valued by the state, becoming one of the most prominent fields of legal development and prosperity in China since the reform and opening-up, and was included in the first batch of plans to establish national key research bases. In the process of building a socialist rule-of-law state in the new century, criminal law needs further development and improvement to better fulfill its role.
The Research Center for Criminal Law Science at Renmin University of China is a national key academic research institution focused on criminal law science, established as one of the first 15 key research bases for humanities and social sciences in ordinary universities under the Ministry of Education in December 1999. The personnel of the Research Center for Criminal Law Science at Renmin University of China consist of full-time researchers from the criminal law discipline of the Law School of Renmin University of China, as well as part-time researchers from renowned criminal law experts at home and abroad. The Director of the Center is Professor Zhao Bingzhi, a distinguished mid-career criminal law scholar, the Executive Director is Professor Lu Jianping, a renowned mid-career criminal law scholar, the Deputy Directors are Professor He Jiahong, Professor Zhen Zhen, Professor Zheng Ding, and Professor Huang Jingping, all distinguished mid-career criminal law scholars, and the Advisors include Professor Gao Mingxuan, a famous criminal law scholar, and several expert leaders from the central political and legal organs.
In terms of academic research scope and layout, the Center takes criminal law, a national key discipline, as its leading field, covering major disciplines and research areas of criminal law science both in ancient and modern times, both domestically and internationally. The Center has established four research institutions and directions: The first research room focuses on Chinese criminal law; the second research room focuses on criminal procedure law, as well as criminal investigation and criminal physical evidence technology; the third research room focuses on the history of criminal law both in China and abroad; and the International Criminal Law Research Institute focuses on foreign criminal law and international criminal law as its main research directions. The organic combination of related disciplines in criminal law and the rational composition of the research team are the distinctive features of China's complementary advantages.
In accordance with the requirements of the Ministry of Education, the Center should be a national key research base for criminal law science with obvious scientific research advantages and characteristics, and through efforts, it should achieve a leading position in overall scientific research levels and the ability to participate in major decision-making, while also enjoying a high reputation in the academic field of international criminal law. To achieve these goals and status, the Center should take academic research as its core, deepen the reform of the scientific research system, implement comprehensive openness, focus on the cultivation of high-level talent, strengthen academic exchanges, guide and promote the development and improvement of the criminal law discipline, and strive to build a first-class, truly prestigious key research base in the field of criminal law science.
"The Criminal Law Science Library" is the main series of works projects of the Research Center for Criminal Law Science at Renmin University of China. It plans to publish original works and translations in the fields of criminal law and criminal law science both domestically and internationally (including criminal law, criminology, criminal execution law, criminal procedure law, criminal investigation, criminal physical evidence technology, and the history of criminal law), with the authors and translators primarily from the full-time and part-time researchers of the Center, while also open to scholars and experts at home and abroad. The aim is to promote, deepen, and expand academic research in the field of criminal law, accumulate academic achievements in criminal law, and make positive contributions to improving the research level of criminal law in China.
This book conducts a comprehensive and systematic study of the origin and the position of the principle of unity of subjective and objective factors in China's criminal law, and further explores the issue of criminal responsibility under the principle of unity of subjective and objective factors in relation to incomplete crime forms, the guiding role of the principle in joint criminal liability, the guiding role of the principle in sentencing, and the relationship between the principle of unity of subjective and objective factors and the criminal execution system. It concludes that the principle of unity of subjective and objective factors can reflect the guiding ideology, nature, and basic spirit of criminal law, and has a global guiding role in the entire legislative, judicial, and interpretive processes of criminal law. This allows for broader theoretical research on the principle of unity of subjective and objective factors, expanding the understanding of this principle in the fields of criminal law legislation and interpretation.