Pay Mercy to the General Criminal Theory and Criminal Hermeneutics: a Generating Approach to Criminal Faith and Authority
Sun Dao-cui
Abstract
Sun Dao-cui
Abstract
Theoretic criminal law and practical criminal law are the two pillars of criminal law,while the general criminal theory and criminal hermeneutics are the soul of the former two.However,the current criminal ecological environment seems deteriorating.The general criminal theory must have acquired the characteristics of long-term,consensus,confirmatory,practical and dynamic,it is important to properly deal with the tensions between the general criminal theory and academic innovation,which is the very ideal way to promote the historical evolution of general criminal theory.Criminal hermeneutics is the most fundamental and common independent discipline,legalism has been over criticized for a long time,the object and aim of criminal interpretation should be reestablished by criminal law system so as to reach internal consistency,effective communication between the relationship among crime,criminal responsibility and penalty and implementation of balance among crime,criminal responsibility and penalty.Criminal law is a combination of rational and practical aspects,while the general criminal theory and criminal hermeneutics are a generating approach to criminal faith and authority.
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Theoretic criminal law and practical criminal law are the two pillars of criminal law,while the general criminal theory and criminal hermeneutics are the soul of the former two.However,the current criminal ecological environment seems deteriorating.The general criminal theory must have acquired the characteristics of long-term,consensus,confirmatory,practical and dynamic,it is important to properly deal with the tensions between the general criminal theory and academic innovation,which is the very ideal way to promote the historical evolution of general criminal theory.Criminal hermeneutics is the most fundamental and common independent discipline,legalism has been over criticized for a long time,the object and aim of criminal interpretation should be reestablished by criminal law system so as to reach internal consistency,effective communication between the relationship among crime,criminal responsibility and penalty and implementation of balance among crime,criminal responsibility and penalty.Criminal law is a combination of rational and practical aspects,while the general criminal theory and criminal hermeneutics are a generating approach to criminal faith and authority.
Key concepts: Criminal law, Hermeneutics, Law, Theory of criminal justice, Criminal procedure, Political science, Criminology, Criminal justice