3month3日Two p.m.,Famous Chinese jurist、Vice Dean of Peking Bet365 lotto reviewUniversity Law School、Professor Chen Xingliang is a guestEastern UniversityLaw School101Academic Lecture Hall,gave us a wonderful academic report entitled "The Concept of Criminal Law"。This lecture is given by the Vice Dean of Shandong Bet365 lotto reviewUniversity Law School、PhD supervisor Professor Zhou Changjun presided over。
Beginning of report,Professor Zhou Changjun introduced Professor Chen Xingliang in concise language。Professor Chen then spoke with full enthusiasm on the main body of this report,The main content of the lecture can be divided into the following parts。
First,Professor Chen gave a brief explanation from a macro perspective on the three levels that need to be constructed in the construction of the rule of law in modern society。The first level is concept construction,Ideas play a leading role in the construction of the rule of law,It is a kind of expected expectation,It is also the value goal that should be pursued in the construction of the rule of law;The second level is system construction,The system controls legislation in the process of building the rule of law、The judicial system plays a fundamental role;The third level is a technical issue。Legislation、Judicial technology is closely connected with the rule of law process,They all play an important role in the construction of the rule of law,Indispensable。
Secondly,Professor Chen gave a key explanation on the first level of the construction of the rule of law in modern society。Professor Chen said that ideas are metaphysical things,Potential、Leading,If the ideal thing is solved, other aspects will follow。Ideas are the value goals we should pursue。Human Rights Protection Concept、Content of modesty in criminal law、The concept bet365 Play online gamesof formal rationality is the three major value goals that criminal law should pursue。The concept of human rights protection is the primary value goal of a society ruled by law,The concept of human rights has different interpretations in different departmental laws,Criminal law is a special departmental law,The meaning of human rights protection in the criminal legal department is mainly to protect criminal suspects、Defendant、The human rights of criminals shall not be illegally violated;Modesty in the concept of modesty in criminal law means reduction、Compressed、Decrease,The opposite is waste、Abuse、expansion,The formation of the so-called "hypertrophy of criminal laws",Contrary to the modesty of criminal law。Therefore,The modesty of criminal law,means that legislators should strive to minimize expenditure,Use less or even no punishment (and use other punishment alternatives),To obtain maximum social benefits,By improving the effectiveness of punishment、Deterrent,To effectively prevent and control crime。Therefore,The modesty of criminal law has a restrictive function,In modern society,This is the value implication of criminal law。Formal rationality is a conceptual category opposite to substantive rationality,Any social system and legal system must pursue some kind of rationality。The difference between formal rationality and substantive rationality bet365 Play online gamesis that formal rationality refers to objective rationality,The Theory of Means,Substantial rationality refers to subjective rationality、The theory of matter。When we pursue rationality,Always hope to have both,Acquire both formal rationality and substantive rationality。But in fact, in many cases there are often contradictions and conflicts between the two,There is no exception in the field of law。An old saying goes: Law is limited,Endless love,That is, it is difficult to use finite methods to regulate infinite emotions。And this contradiction between the limitation of law and the infinity of emotion is a profound reflection of the contradiction between formal rationality and substantive rationality in the field of law。Professor Chen believes that the way to resolve this contradiction is to prioritize formal judgment over substantive judgment in the judicial process、Factual judgments take precedence over value judgments、Type judgment takes precedence over individual judgment。
In the interactive stage, Chen Jiao