Criminal Law Review: 2000 (Volume 7)

Author: Chen Xingliang
Publisher:
Publish Date: 2000-10-01
Features: This collection provides a theoretical platform for criminal law research. It offers opportunities for publishing long essays that meet a certain academic "standard" and possess independent insights. We firmly believe that Criminal Law Review will make a unique contribution to advancing and flourishing the theoretical research of criminal law in our country. The background of China's criminal law and rule-of-law construction provides an opportunity for the development of criminal law theory. At this critical juncture, as criminal law scholars, we should promote the development of criminal law theory. The editing of this volume is guided by such a purpose, and I strive to showcase the cutting-edge achievements of China's criminal law theory through the essays in this volume.
In the "Comparative Criminal Law between China and the West" section, two essays by Tian Hongjie and Cai Daotong were published. Tian Hongjie's "Comparative Study on the Origins of Modernization of Criminal Law in China and the West" reviews the different paths of modernization of criminal law in China and the West from a historical perspective. Especially, the author adopts a civil society framework as an analytical tool, placing criminal law modernization within the historical context of civil society, and conducts a forceful and innovative theoretical analysis of the macro framework of criminal law modernization in China. China is currently in the historical process of criminal law modernization, and we are striving for it—this is the specific context of criminal law development in our country.
Cai Daotong's "Postmodern Thought and China's Criminal Law and Rule-of-Law Construction" further explores the theoretical implications of postmodern thought and its impact on China's criminal law and rule-of-law construction, forming a complementary and harmonious relationship with the previous essay. Postmodern thought is a theoretical discourse popular in Western society. After being introduced by some scholars, it has had a certain influence in China. In the legal field, Professor Su Li has proposed unique insights on constructing legal theory with postmodern thought, particularly the theory of local resources, which has had a significant impact on China's legal academia. Undoubtedly, Professor Su Li has brought a fresh breeze to China's legal academia with his highly critical discourse, sweeping away the previous stagnation and making significant academic contributions. However, the nostalgia for local resources triggered by postmodern thought may become a force that resists the modernization of law, which cannot go unnoticed.