Human Basis of Criminal Law

Author: Chen Xingliang
Publisher:
Publish Date: 1999-08-01
Features: This book is a continuation of the author's exploration of criminal theory, which began with Criminal Philosophy. It takes the issue of free will as a theoretical perspective, examining the fundamental framework of criminal theory constructed by the classical school of criminal law and the positivist school of criminal law. The author proposes the principle of the dual nature of human rationality and experience, affirming behavior determinism in the ontological sense of human existence and the humanistic foundation of value law and judicial law. In the humanistic foundation of crime, the author discusses the ontology of crime and the theory of crime; in the humanistic foundation of punishment, the author discusses the ontology of punishment and the theory of case law; in the humanistic foundation of legislation, the author discusses the ontology of punishment and the theory of the value of punishment. Taking human nature as the starting point, the book provides a philosophical comprehensive analysis of criminal law, incorporating a wealth of content from philosophy, legal theory, sociology, psychology, ethics, and biology, giving the book substantial theoretical depth and logical penetration. The book features a symmetrical structure and a rigorous system, reflecting the author's relentless pursuit of formal beauty and offering readers a fresh perspective. It is a seminal work in criminal law, following Criminal Philosophy, with innovations in both content and structure, as well as breakthroughs in breadth and depth.