Criminal Law Essence

Author: (American) Gluck et al. (Auth.), Liu Renwen et al. (Trans.)
Publisher:
Publish Date: 2005-12-01
Features: This book selects 7 chapters, including:
- From the "Theoretical Basis of Criminal Law" section: "Principles of Rational Criminal Law," "Theoretical Basis of Criminal Intent," and "The Challenge of the Model Criminal Code."
- From the "Substantive Scope of Criminal Law" section: "Criminal Attempt" and "Criminal Law Development: Conspiracy."
- From the "Programmatic Safeguards" section: "Cruel and Unusual Punishment Clauses and Substantive Criminal Law."
- From the "Operation of Criminal Law" section: "Civil Commitment of the Mentally Ill: Theory and Procedure."
Additionally, the two articles "Corporate Criminal Responsibility: What Is Its Purpose?" and "Punishing Danger: Preventive Detention Under the guise of Criminal Justice" can be categorized under the "Substantive Scope of Criminal Law" and "Operation of Criminal Law" sections, respectively. These articles broadly constitute the knowledge structure and perspective within the American legal context, which is as follows:
- Exploring the fundamental theories of criminal law from the perspectives of criminal philosophy and criminal jurisprudence.
- Examining the scope of criminalization from angles such as "criminal attempt," "conspiracy," and "corporate subjectivity."
- Investigating the constitutionality and human rights safeguards of criminal law from the perspectives of constitutional law and criminal procedure.
- Analyzing the setting of penalties and the improvement of security measures from the operational perspective of criminal law.
In English, "Criminal Law" is often translated as "," but as shown in the introduction, it is actually more akin to what we commonly refer to as "" (Criminal Justice), and even broader in scope. For example, it includes measures that restrict personal freedom, such as the civil commitment of the mentally ill, within the realm of criminal law.