China Social Science Review

No.2, 2022

 

The Developmental Direction of Chinese Criminal Law

(Abstract)

 

Zhang Mingkai

 

In recent years, there have been notable achievements in criminal law studies in the narrow sense. However, in general, the discipline of criminal law does not have a strong function in serving the governance of the country. Two extremes exist in the treatment of the relationship between the nation and the world. The field of criminal law is more critical than constructive, and there is a certain distance between criminal law theory and popular legal sentiments. The development of the discipline of criminal law should be both factual and normative, providing an empirical basis and theoretical foundation for national governance decision-making. It should be both national and global, so that the study of criminal law not only addresses the realities of China, but also presents original and universal results. Moreover, it should be critical and constructive at the same time, attaching importance to the accumulation of theory rather than substitution, so that criminal law theory can develop a positive interaction with criminal legislation and criminal justice and the overall level of criminal law can be significantly improved. Furthermore, it should be both professional and popular; it must not only fully understand genuine public opinion so as to achieve the fundamental purpose of protecting the people’s rights and interests, but also communicate with the masses, so that advanced concepts of criminal law and its realization can gain their support.