Criminal Law Review (Volume 10, 2002)

Author: Chen Xingliang
Publisher:
Publish Date: 2002-03-01
Features: This volume is the 10th issue of Criminal Law Review. The Chinese have always been very sensitive to numbers, and undoubtedly, 10 is a lucky number. Therefore, the 10th volume is a memorable one, indicating that Criminal Law Review has gradually matured. In the Criminal Unlawfulness section, four papers were published, showcasing the latest research in this field. In the past, Chinese criminal law theory did not pay enough attention to criminal unlawfulness due to the influence of the theory of social harm. Compared to the rich criminal unlawfulness theory in the civil law system, it cannot help but admit the weakness in the research on criminal unlawfulness. After the principle of legality was confirmed in criminal law, the theory of social harm was questioned, and its supreme status began to waver. Against this backdrop, criminal unlawfulness began to receive attention. Therefore, in the study of criminal unlawfulness, the issue of social harm is inevitably involved. In my paper, "The Theory of Social Harm—A Reflective Review," I challenged the theory of social harm and said some harsh things, which sparked some controversy. I would like to further explore this issue at the appropriate time. The four papers published in this volume to some extent respond to my views, whether by deepening them or by engaging in debate. I am very happy about this. After all, the life of academia lies in debate: Mi Chanyong's paper, "On Criminal Unlawfulness—Advocating a Dual-Level Review Structure for Unlawfulness," proposes the idea of a dual-level review of unlawfulness, namely the review of formal unlawfulness and substantial unlawfulness, thereby avoiding the quagmire of unlawfulness by discarding social harm.