One Important Approach to Promote the Development of Criminal Law: Controversial Case Studies

Abstract

From 1979 Criminal Law to 1997 Criminal Law, the Criminal Law of New China has been implemented for more than thirty years. In the past thirty years, the content of the criminal law has been continuously enriched and the spate of criminal law amendment and judicial interpretation is proof; continuous innovation appears in the theory of criminal law and the debate about the elements of the crime and the recognition of legal interest is evidence; the degree of public concern about the criminal law is increasing and hot discussions caused by the introduction of the new judicial interpretation and the Criminal Law Amendment are proof. However, throughout the development of the criminal law and theory, the author finds that the phenomenon that the theory and practice are disconnected is serious; discriminating law with the law and arguing theory with theory or repeated demonstration between the law and the theory are still outstanding. This phenomenon is not conducive to the scientific development of criminal law and the theory. The author believes that strengthening the fine study of controversial cases in reality, identifying the problems, using a variety of methods, giving a reasonable, just conclusions that can be accepted by the public, and then rising to the theory by inductive method, closely combining the practice and theory would be a breakthrough and an important method for the future development of the criminal law in China.