2011•Fazhi yu shehui fazhanRequires access
The Common Sense Perspective of Criminal Law
Zhou Guang-quan
Open publisher page 0 citations
Abstract
Despite the exquisite appearance of the theories of criminal law, there is a wide gap between the theory and common sense. Whatever the structure of criminal law goes, it is necessary to reconsider the importance of common sense. Two aspects should be emphasized for criminal law going back to common sense. The first is the social benefit or function of criminal law; and the second is possibility of criminal law to return to common sense. If this is possible, then what is the starting point? The common sense perspective of criminal law pays special attention to European continental criminal law researches since it stresses the trans-cultural assimilation of criminal law and the importance of protecting normal social relationships through criminal law.