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Tian Hongjie: The Thinking on Methodology in Forty Years of Research on Chinese Criminal Law

Abstract: Since the promulgation of Criminal Law of the People's Republic of China in 1979, our research on criminal law has made glorious achievements and experienced glossators, philosophy of criminal law, comparative criminal law, criminal policy science, dogmatics of criminal law and other research paradigm on criminal law. However, at the same time, some problems have become obstacles which restrict our research on criminal law to shift from extensive development to intensive development. For example, the horizon of research is relatively narrow, the concern on reality relatively lags behind and the research on punishment is relatively weak. Only by expanding horizons on fusion of subjects, establishing awareness of problems relating to practice and insist on critical thinking, our research on criminal law can not only meet the realistic needs of social governance in China, but also lead the trend of the development of criminal law in the world as scientifically reconstructing the modern theory system of criminal law in China.


Keywords: Chinese criminal law; research paradigm; knowledge structure; concern on reality; Chinese school


(Editor: XU JING)

 
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