Frontiers of criminal law?

Criminal law is a law about crime, criminal responsibility and punishment, and it is one of the basic laws of the country, which is very important for protecting citizens' rights and interests, maintaining social order, defending national interests and even promoting social development.

At present, the reform and opening up continue to advance and deepen, legal adjustment needs to be intensified, the construction of the rule of law needs to be further scientific and modernized, and legal research faces challenges and development opportunities.

In the future, the development of criminal law in China should closely combine the actual situation of China's socialist market economy and the construction of democracy and legal system, conscientiously sum up practical experience, learn from foreign advanced criminal law theory, criminal legislation and criminal judicial experience, and promote the democratization, scientificization and internationalization of criminal rule of law in China.

In terms of policy, punish and prevent traditional crimes.

Punishing and preventing crimes is the purpose of criminal law, and it is also an important mission of criminal law in the construction of socialist market economy, democracy and rule of law. Judging from the development trend in the next decade, the punishment and prevention of the following traditional crimes should still be the focus of criminal law research: crimes that undermine economic order; Crimes against citizens' personal rights and democratic rights; Crime of dereliction of duty; Crime of endangering social order, etc. Effectively punishing and preventing these crimes is conducive to the establishment and development of the socialist market economy, to promoting the process of socialist democratic politics, to building a clean government, and to the stability of social order.

(two) in the economic aspect, pay attention to the pioneering research of new crimes.

At present, some new crimes abroad, such as computer crimes, environmental crimes, crimes related to bioengineering and terrorist crimes, are not very serious in China, but the research on them in criminal law should not be relaxed, but should be discussed in advance. Of course, this kind of research should be combined with China's scientific and technological and economic development level, and should not blindly follow foreign countries.

In the new crime, the problem of corporate crime should be paid attention to. Worldwide, the common law system generally recognizes corporate crime, and there are some signs in the countries of civil law system in recent years (for example, the new French Criminal Code 1994, 1, which came into effect in March, stipulates corporate crime in a large space). However, from a practical point of view, how to really make legal persons bear criminal responsibility and achieve the purpose of punishment is still a difficult problem in the two legal systems. In recent years, there are many provisions in China's criminal legislation to punish unit crimes, but the actual effect is quite doubtful. The debate on whether a legal person can become the subject of crime in criminal law theory has not yet been seen, and it still needs to be deepened.

(three) from the perspective of the rule of law culture, constantly adapt to the needs of opening up to the outside world to study criminal law issues.

Since the comprehensive transplantation of the criminal law theory of the former Soviet Union in the 1950s, China's criminal law has closed the door to other countries' criminal law theories, and it only devotes itself to combining the criminal law theory of the former Soviet Union with the practice of China, and its possession of criminal law research materials of other countries is quite limited. Although the situation has improved in recent years, the data are mostly second-hand and unsystematic. Because we don't know much about it, it is difficult to study and learn from it. With the gradual establishment of China's market economy system in recent years, the phenomenon that China's criminal law theory lags behind foreign criminal law theory is becoming more and more obvious. Drawing lessons from foreign advanced criminal law theories and participating in international criminal law academic exchanges make our criminal law theory malnourished and narrow-minded, which is a major defect of our criminal law.

The establishment of market economy system makes China open to the outside world in all directions, and criminal law has also been pushed to the forefront of opening to the outside world. In this context, international criminal law, comparative criminal law and foreign criminal law should become important areas of future criminal law research. 1997 and 1999, respectively, China will resume the exercise of sovereignty over Hongkong and Macao, and "one country, two systems" will become a reality, and the pace of exchanges and peaceful reunification between Chinese mainland and Taiwan Province Province will also advance irreversibly. Therefore, the effective scope, conflict and solution of criminal law in Hong Kong, Macao and Taiwan will also become one of the key areas of criminal law research. At the same time, it is also necessary to strengthen academic exchange activities and academic research cooperation with foreign countries, and truly solve the problem of rule by man and rule by law.