Initial Discussion on the Scientificism of Criminal Law Science

Author: Wen Hailin
Publisher:
Publish Date: 2006-08-01
Features: This book studies the objects of criminal law adjustment, the decisive significance of social needs for criminal law, and provides a review of the historical development of criminal law theory. It focuses on preliminary explorations of fundamental issues such as the ways, extent, and methods through which scientism influences criminal law, as well as reflections on the reasons, significance, and basic stance of scientism as a research method in criminal law. The author argues that criminal law is, by nature, a form of productive force and a social technology, which necessitates and makes possible the emergence of scientism in criminal law. This determines that the social stability upheld by criminal law is inherently determined by science and technology, that relationships and entities are inevitable as the fundamental categories of criminal law research, that criminal law must simultaneously combat crime and its own legal framework, and that the historical model of criminal law to date has been: relational criminal law perspective – substantive criminal law perspective – dual relational criminal law perspective.