Principles of Criminal Law

Author: Han Zhongmo
Publisher:
Publish Date: 2002-10-01
Features: The stability or chaos of a nation, the prosperity or decline of governance, all depend on this. It is said that it depends solely on the law. The law is what guides people into the right path, making them follow virtue and abandon evil, suppressing violence and rewarding good, ensuring that rewards are given as promised and punishments are carried out swiftly. Its effects are the most immediate, and its functions are vast—it is truly a tool for restoring order and rectifying chaos. However, the formulation and clarification of laws cannot be achieved without effort, and the application of laws is not unchanging. When things reach a limit, they must change; when they change, they can flow. There are no fixed rules that can be achieved overnight, nor are there eternal classics. Reforms and innovations must be done appropriately, and the subtlety of application lies in the hands of the person in charge. Therefore, lawmakers must first clearly understand the principles of the law, establish the key points, and ensure that they align with social customs, cultural trends, and educational practices, as if they are shadow following form, or echoes responding to sounds. When the majority finds something convenient, one person proposes it, and thousands follow. It becomes theory and practice, without hindrance, and thus becomes useful. With ample experience, it is written as a precedent, leaving a model for future generations. This is the origin of laws, shared by all nations throughout history. Since ancient times, legal scholars have studied law by exploring its principles, making it their ultimate goal. For this reason, I hold it in high esteem.
Looking back over the hundreds of years, the evolution of criminal systems in various countries has gone far back to ancient times. Examining the reasons, it is the turbulent and surging development of criminal thought that has led to this. And criminal thought is formed by the collision and fusion of political, economic, ethical, and other elements. Therefore, ancient times are not discussed here. In recent times, the rise of human rights thought has led to the reform of criminal systems in the era of universal love. Meanwhile, the development of social and natural sciences has pushed criminal systems toward special prevention. Currently, criminal thought is exploring the balance between social responsibility and moral responsibility, facing a crossroads with significant and profound impacts on policy choices and human rights protection—far beyond mere academic debates.
China's criminal system has a long history. Since the reforms in the late Qing Dynasty, it has taken cues from the mainland and has roughly taken shape. However, the choice of legislation must be based on the existing cultural background to fit the actual situation and enhance governance, which is something lawmakers should deeply consider. Moreover, legal provisions are often fixed, while the changes in the world are endless. Using limited legal texts to regulate infinite facts while still responding to the times and hitting the mark relies heavily on the ability of law enforcers to interpret laws judiciously. Therefore, those who wish to fully utilize the law must not neglect the exploration of legal principles.
This book repeatedly analyzes the fundamental theories of criminal law without hesitation, aiming to trace the origins and details, choose the better path, and set the foundation for future studies on the evolution of criminal law. As for specific criminal laws and the judgment of crimes and punishments, they are combined with the practical application of judicial practice for analysis and critique. Thus, those who study laws can understand both theory and practice without hindrance. As for expanding principles and establishing frameworks to guide the future, a like me is certainly not capable of such endeavors.