Humanistic Basis of Criminal Law (Third Edition)

Author: Chen Xingliang
Publisher:
Publish Date: 2006-10-01
Features: This book is a continuation of the author's exploration of criminal theory, which began with Criminal Philosophy (China University of Political Science and Law Press, 1992). It takes human nature—rationality and experience, as well as free will—as a theoretical perspective to examine the fundamental framework of criminal theory constructed by the classical school of criminology and the empirical school of criminology. The author proposes the principle of the dual nature of human rationality and experience, affirming both behavior determinism in the ontological sense and free will in the axiological sense. From this starting point, the book explores the humanistic foundations of crime and punishment, as well as legislation and adjudication. In the humanistic foundation of crime, the author discusses the ontological and axiological theories of crime; in the humanistic foundation of punishment, the author discusses the ontological and axiological theories of punishment; in the humanistic foundation of legislation, the author examines legislative philosophy, statutes, and case law; and in the humanistic foundation of adjudication, the author discusses judicial subjects, legal interpretation, and discretion. Taking human nature as the entry point, the book provides a philosophical comprehensive analysis of criminal law, incorporating extensive content from philosophy, legal theory, sociology, psychology, ethics, and biology, giving the book significant 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, which innovates both in content and structure, and breaks new ground in both breadth and depth.