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Lecture of Criminal Law by Famous Scholars(133th): Evolvement of Criminal Theory System

At 19 o¡¯clock on April 1st, Professor Lin Dongmao of Soochow University in Taiwan was invited to our school to give a wonderful lecture Evolvement of Criminal Theory System in Mingde Law building 601 International Conference Room, 2018. This lecture was held by Renmin University of China Research Center of Criminal Law Science and presided over by Associate Professor Chen Xuan, which Professor Liu Mingxiang, Professor Feng Jun, Professor Fu Liqing, the postgraduates and doctoral students majoring in criminal law and some of undergraduates in our school attended.
First of all, Associate Professor Chen Xuan gave a warm welcome that Professor Lin Dongmao came to Renmin University of China Law School and Renmin University of China Research Center of Criminal Law Science. Professor Lin Dongmao has a high reputation in the criminal law academic world on both sides of the Taiwan Strait and the topic of this lecture - criminal theory system - is a vitally important topic which attracts widespread attention in criminal jurisprudence, for which this lecture began with warm applause.

At the beginning of the lecture, Prof. Lin gave a brief introduction to the gist of Conformance of constructive requirements, Illegality and Imputability these three levels, picturing the basic pattern of contemporary general criminal theory system. Then he drew attention to the fact that not all concepts of criminal jurisprudence fell in the range of three-level theory, such as Behavior Theory and objective punishable requirement. After drawing the basic outline of three-level criminal theory system, Prof. Lin sorted out the development venation of criminal theory system and the philosophy trend behind it and revealed the tremendous positive influence which the philosophy trend had on the evolvement of criminal theory system through lucid language and vivid examples.
After drawing the blueprint of evolvement of criminal theory system and its philosophy base, Prof. Lin explained his viewpoints by the allusion dismemberment of ox by Paodin that there is a difference between philosophy and skills and a difference between ¡°understanding by thought¡± and ¡°seeing by eyes¡± in all walks of life. In criminal law field, the command of concepts, provisions and systems still belongs in the level of skills while it is more worthwhile to seek the philosophy behind.
In the subsequent Q&A section, the teachers and students present made their comments and interacted actively. Prof. Feng Jun communicated with Prof. Lin about the essence of the judgement of ¡°Berlin Wall Shooting Case¡± and then asked Prof. Lin what is the difference between the personality reflection of mental patients¡¯ behavior and spasm and why there is a big difference between the positions of the two in criminal theory system. Prof. Lin pointed out that according to his knowledge of psychiatry, mental patients are incapable of controlling their behavior but have cognitive ability to a certain extent which can reflect their personality; therefore, their behavior falls into illegality but prevents responsibility. However, people in a spasm lack cognition and don¡¯t reflect any personality so this belongs in the range of Behavior Theory.
Afterwards, Prof. Lin expressed his own opinion about the standard to distinguish between illegality and responsibility.
At last, Prof. Fu Liqing talked about the historical status of Beling, Mezger and other criminal jurists in criminal theory system and asked Prof. Lin how to consider the necessity to distinguish Conformance of constructive requirements and Illegality these two levels. Prof. Lin thought that the two-level system had its unique advantage to solve the matter of admissible constructive requirements mistake but it also had its obvious critical drawback that to understand constructive requirements should be limited to the meaning of criminal law while to decide illegality should include holistic law order so these two can not be simply merged.

At the end of the lecture, Associate Professor Chen Xuan on behalf of all the teachers and students expressed sincere thanks to Prof. Lin¡¯s wonderful lecture and answering. During the two- and-a-half-hour lecture, Prof. Lin drew a clear picture of the evolvement of criminal theory system through his lucid language and rigorous narrative, making the students have a more solid understanding of criminal theory system and relevant philosophy trend. This Lecture by Famous Scholars ended with warm applause.

(Editor: Levi Hu)

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