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Volume 56 Issue 4
May 2024
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Citation: XU Hong. Problems and Visions:Reflections on the Transformation and Development of Chinese Criminal Law[J]. Academic Monthly, 2024, 56(4): 16-27. shu

Problems and Visions:Reflections on the Transformation and Development of Chinese Criminal Law

  • 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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        Problems and Visions:Reflections on the Transformation and Development of Chinese Criminal Law

        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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