以科学立法促进刑法话语体系发展

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April 2019

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Citation: Yanhong LIU. To Promote the Development of the Discourse System of Criminal Law by Scientific Legislation[J]. Academic Monthly, 2019, 51(4): 94-105. shu

To Promote the Development of the Discourse System of Criminal Law by Scientific Legislation

Yanhong LIU

Abstract

How to form a discourse system of criminal law with Chinese characteristics is an important problem. As the guarantee of all branch laws, criminal law should be guided by scientific legislation to promote the development of the discourse system of criminal law. In the past 40 years of reform and opening up, China’s criminal legislation has experienced a changing from extensive to symbolic forms, there is a gap between them and the new era’s requirements for scientific legislation. Therefore, scientific legislation should be used to promote high-quality criminal legislation. Through legislating, reforming, abolishing and interpreting, criminal law should be gradually developed into clearly defined, effective and fair law, and finally become a real good law to achieve good governance, so as to promote the further development of socialistic legal system. The concept of leniency and severity, equality between crime and punishment, proviso in the concept of crime, etc., are all formed by the establishment of Chinese criminal legislation and the refinement of the theory of criminal law, and are actually the discourse between the criminal law with Chinese cultural elements of the rule of law. The future of China’s criminal jurisprudence shall be achieved by the innovation and development of the discourse system of criminal law with Chinese characteristics through criminal legislation and the joint efforts of jurists, to enhance the international confidence of China’s criminal jurisprudence, and spread the powerful voice of Chinese criminal rule of law in international community.
- criminal legislation,
- extensive form,
- symbolic form,
- good laws and better governance,
- abolishing and interpreting,
- discourse system
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To Promote the Development of the Discourse System of Criminal Law by Scientific Legislation

Yanhong LIU

Available Online: 2019-04-01

Abstract: How to form a discourse system of criminal law with Chinese characteristics is an important problem. As the guarantee of all branch laws, criminal law should be guided by scientific legislation to promote the development of the discourse system of criminal law. In the past 40 years of reform and opening up, China’s criminal legislation has experienced a changing from extensive to symbolic forms, there is a gap between them and the new era’s requirements for scientific legislation. Therefore, scientific legislation should be used to promote high-quality criminal legislation. Through legislating, reforming, abolishing and interpreting, criminal law should be gradually developed into clearly defined, effective and fair law, and finally become a real good law to achieve good governance, so as to promote the further development of socialistic legal system. The concept of leniency and severity, equality between crime and punishment, proviso in the concept of crime, etc., are all formed by the establishment of Chinese criminal legislation and the refinement of the theory of criminal law, and are actually the discourse between the criminal law with Chinese cultural elements of the rule of law. The future of China’s criminal jurisprudence shall be achieved by the innovation and development of the discourse system of criminal law with Chinese characteristics through criminal legislation and the joint efforts of jurists, to enhance the international confidence of China’s criminal jurisprudence, and spread the powerful voice of Chinese criminal rule of law in international community.

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