Rationalism and Criminal Law Models: A Study on the Concept of Crime

Author: Feng Yadong
Editor-in-Chief: Ding Xiaoxuan
Publisher:
Publishing Date: 1999-01-01
Features:
Excerpt: It should be noted that the main division between subculture groups and dominant culture groups is solely based on the difference in "important values," not on the level of education. The reason for the difference in values lies in the variation of "social contextual factors" in multiple aspects; the level of education is only one of the important contextual factors that determine values. Based on this standard, a few scholars with extremely high education levels do not necessarily belong to the dominant culture group. Once their values conflict with the majority, they are naturally classified into relatively stable subculture groups such as criminal organizations, residents in remote and isolated areas, or certain religious or superstitious groups. "The cooperation within a group is always imperfect. There will always be some members with differing opinions, who, in etymological terms, are 'abnormal,' meaning they are outside the group. They are those below or above the usual level. They are: the idiot, the criminal, the prophet, and the inventor. A wise group must learn to tolerate the eccentricities of those who deviate from the norm and treat those below the norm as little as possible with cruelty." [1] It should also be noted that the scope of subculture groups is not always uniform but is highly random. Their formation often changes and temporarily combines based on the evaluation of specific events and behaviors. In today's era, groups completely isolated from general cultural values are extremely rare. Even criminal organizations may align with the dominant culture group in their evaluation of certain behaviors. When members of a particular interest group share the same value judgment on a behavior as the majority, the group is at least considered part of the dominant culture group on that issue. However, when their value judgment on other behaviors contradicts the majority, the group is classified as a subculture group. Moreover, social interest groups themselves are often randomly combined. When it comes to legislative evaluation of marriage and family issues, singles naturally form an interest group to oppose married couples, preventing lawmakers from excessively favoring married individuals with society's wealth and benefits. However, in a normal social structure, the power of singles is too weak, making it inevitable for this interest group to be classified as a subculture group. Their interests can only be marginally addressed after considering the preservation of the conventional marriage and family structure. On other issues, singles may join related interest groups and align with the mainstream of the dominant culture group. In daily life, every individual and group, as long as they exist rationally and make wise choices, are constantly moving between the ranks of the dominant and subculture groups. Even the worst individuals have aspects that align with the mainstream. In this sense, we can say that in a democratic society, there is no absolute obedience to or oppression of one another. Everyone is simply maintaining and continuously creating group order under mutual obedience and oppression.
Postscript: The topic and idea for this book originated in October 1988. Due to the overly broad content and the perceived difficulty of writing, the progress was extremely slow, and the main framework and content were completed only by spring 1996. In July 1996, I suddenly heard that the new Criminal Law would be revised and passed in March 1997. Believing that many of the book's viewpoints could be for legislation, I rushed to finish the entire manuscript by mid-September of that year. To meet the deadline, I had to self-finance the publication through Tian Di Publishing House (a local-level publishing house approved by the state to allow authors to self-finance books), and the book was titled "The Philosophy and Ethics of Criminal Law." During this process, I was greatly supported by the leadership of Tian Di Publishing House and editors such as Cui Zehai, Qin Fumen, and Xu Shengguo, whose hard work enabled the manuscript to be published as a book by the end of that year. After publication, it received attention from some friends in the academic circle. They discussed the book with me from different perspectives, mostly agreeing that it contained many personal insights but that many conclusions were too simplistic and needed further in-depth argumentation. Additionally, due to publishing and distribution constraints (author self-sales), the book's influence was largely limited to my circle of friends. In this situation, coincidentally, the team at China University of Political Science and Law showed great interest in the book. Through Professor He Weifang of Peking University Law Department, they contacted me to invite me to revise and expand the book, intending to include it in their "Young and Middle-aged Legal Studies Series" for re-publication. In March 1998, I met with Mr. Ding Xiaoxuan and Professor He Weifang of China University of Political Science and Law in Beijing. They gave positive feedback on the original content and proposed some revisions, which helped me regain confidence and reignite my passion to rewrite it. Throughout the writing process of both the original book and this one, I received care and support from many teachers and friends. Without their multifaceted assistance, I would not have been able to persevere. I apologize for not listing their names one by one. I believe that any teachers and friends who read this text can feel my heartfelt gratitude! I must especially mention my university classmate, Gu Peidong, who played a significant role in the publication of the original book by bearing most of the costs. I am deeply grateful to him for this! And yet, I still repeat my old words: innovation is extremely difficult, and ability is even more limited. Regardless of whether my work has value, as a record of past struggles, I unilaterally present it to society, hoping it can contribute to the progress and development of humanity. Feng Yadong June 7, 1998, in Chengdu