Citation:
XU Hong. Problems and Visions:Reflections on the Transformation and Development of Chinese Criminal Law[J]. Academic Monthly, 2024, 56(4): 16-27.
Problems and Visions:Reflections on the Transformation and Development of Chinese Criminal Law
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Abstract
Doctrine of criminal law,which takes normalism and scientism as its core purview and the interpretation of criminal law text as its basic paradigm,is the mainstream methodology of criminal jurisprudence knowledge in the continental law system represented by Germany.Whether it is Soviet Union criminal law or China’s traditional criminal law inherited from the Soviet Union,still is the continuation of the knowledge of the German doctrine of criminal law in the nineteenth century if we trace the roots in technology and methodology.It belongs to the doctrinal criminal law knowledge spectrum.Therefore,in the context of Chinese criminal jurisprudence,there may be a continuing problem of doctrinal deepening,but there is no special problem of so-called doctrinal transformation.In the new era,Chinese criminal jurisprudence needs to be transformed and upgraded by knowledge emergence and reform,but this transformation should not be the only and exclusive process of pure rational constructivism,but should enlarge and broaden the concept of time and space,look between China and the world,promote exchanges and mutual learning with the global pluralistic criminal rule of law civilization,stay between tradition and reality,and reflect the continuous respect for the Chinese local criminal rule of law civilization，continue to complete the construction of the independent knowledge system of Chinese criminal law and the transformation of Chinese modernization in the intergenerational integration manner both endogeneity and openness.
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[1]
SHI Dan
, LI Peng
. The Least-Cost Path for Energy Use in the Process of Modernization——Scenario Analysis and Theoretical Examination. Academic Monthly,
2026, 58(1): 45-58.
-
[2]
YANG Dian
, DONG Shuhao
. The Social Construction of Economic Value——Evidence from Financial Markets, with a Discussion on Building a Valuation System with Chinese Characteristics. Academic Monthly,
2026, 58(1): 131-146.
-
[3]
FENG Yurong
. “Illuminating Ancient Learning,Introducing New Knowledge”: Xin Yizong Bidu and the Shift in the Construction of Modern Traditional Chinese Medicine Knowledge. Academic Monthly,
2026, 58(6): 180-190.
-
[4]
ZHANG Yi
. Cognitive Transformation in Historical Research in the Age of AI——“Fluency-Induced Occlusion” in LLM-Assisted Reading of Diplomatic Manuscripts. Academic Monthly,
2026, 58(8): 29-40.
-
[5]
HE Jun
. Confucius's Paradigm Shaping of Chinese Philosophy. Academic Monthly,
2026, 58(8): 56-69.
-
[6]
SHEN Yifei
. Theoretical Genealogies of the Emotional Economy and the Chinese Context. Academic Monthly,
2026, 58(7): 129-142.
-
[7]
LI Ting
. From The Reproductive Institution to the Fertility Transition in Contemporary China. Academic Monthly,
2026, 58(7): 143-156.
-
[8]
LIN Shangli
. China's Mission in Constructing Original Theories and Its Methodological Foundation. Academic Monthly,
2026, 58(7): 5-11.
-
[9]
ZHAN Ling
. Adolescent Narratives and the Poetic Evolution of Contemporary Chinese Science Fiction. Academic Monthly,
2026, 58(3): 166-175.
-
[10]
HE Yuhong
, ZHANG Chen
. The Transformation of Han Territories' Rule Strategy in the Jin Dynasty and the Identification of China. Academic Monthly,
2026, 58(1): 205-216.
-
[11]
GE Yonghai
, PAN Juqiang
. Why Regional Literary History in China Becomes a Discipline——Academic Origins,Historical Evolution,and Theoretical Construction. Academic Monthly,
2026, 58(5): 159-173.
-
[12]
ZHANG Liuhua
. How are the Norms of Human Reasoning Possible——Towards a Peircean Solution. Academic Monthly,
2026, 58(1): 20-31.
-
[13]
LIU Fengjie
. “The Flower's Color Become Lucid Immediately”——The Aesthetic Implications and Modern Reverberations of Wang Yangming's “Mind-Thing Relationship”. Academic Monthly,
2026, 58(1): 180-193.
-
-
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