"Forum" in contemporary criminal law thought twenty-first lecture was held successfully

"Forum" in contemporary criminal law thought twenty-first seminar was successfully held in Tsinghua University

On October 21, 2013 at six thirty in the evening, funded by the Peking University "Yang Chunxi law education and research foundation", Peking University School of law, Tsinghua University School of law, Renmin University of China School of law, China University of Political Science and Law School of criminal justice and Law Department of China Youth University for Political Science in five schools of thought "forum" lecture series twenty-first games of contemporary criminal law at the Tsinghua University law school moot court held.
This forum by the professor Liu Yanhong of Southeast University law school, speech topic is "system of substantive criminal law". Peking University Law School Professor Chu Huaizhi, Professor Chen Xingliang, Chinese Law Institute of the Academy of Social Sciences researcher Deng Zibin, Tsinghua University School of law associate professor Lao Dongyan as the main comments. Peking University law school professor Zhang Wen, Professor Liang Genlin, associate professor, associate professor Che Hao Jiang Su, Professor Li Hong, Tsinghua University School of law, Renmin University of China law school associate professor Li Lizhong, Professor Feng Jun, Professor Qu Xinjiu of China University of Political Science and Law College of criminal justice, China Youth University for Political Science law professor Lin Wei, Professor Qin Yihe, Soochow University professor Li Xiaoming Kenneth Wang law school associate professor Sun Yunliang, Beihang University School of law associate professor, School of political science and law at the University of Jinggangshan in Zhang Shuguang attended the forum. The forum is chaired by Professor Zhang Mingkai of Tsinghua University law school, attracted many college students came to the scene to listen.

Professor Liu Yanhong's lecture mainly includes six aspects: what is the essence of the criminal law, criminal law, the essence of the philosophical foundation of the conception of substantive criminal law, the statutory basis of substantive criminal law theory of crime, substantive criminal law complicity theory, substantive criminal law interpretation theory.
First, Professor Liu Yanhong put forward, come down in one continuous line interpretation on substance and essence of crime, constitute the main category of substantive criminal law, the basic problem, basic methods, basic goal, basic value four aspects, substantive criminal law has its own specific connotation. She thinks, from the perspective of philosophy of law, substantive criminal law is based on the classical natural law school of law as the foundation, has the characteristics of practical reason. Then, Professor Liu Yanhong proposed, substantive criminal law advocate the principle of a legally prescribed punishment should include the form and substance of the two sides, the two can not be separated, to play the restriction of legislative power and judicial role. On the part of the substantive criminal law crime, Professor Liu Yanhong think, with the process of constitution essence, constitution of crime and the illegal responsibility together become inevitable, so should be explained from the essence of constitution, at the same time as the open condition is the objective existence, the Open Constitution of crime will not admit the function of presumption against illegal elements. In the law aspect, Professor Liu Yanhong advocated by the measurement of law benefit to judge whether the behavior is the essence of penalty in consequence without value standpoint. In the accountability theory, Professor Liu Yanhong think, are the essence of liability is the responsibility theory in the study of responsibility, no, should be combined with the breach of obligations, whether to have the possibility of normative evaluation and essence of the investigation, to implement the substantive criminal law theory. On the part of the substantive criminal law professor Liu Yanhong's accomplice, accomplice, respectively from the punishment according to the nature of problem, accomplice, and principal relations, collusive joint principal offender, demonstrated the applicable substantive criminal law with substantive justice and objectivism. Finally, Professor Liu Yanhong reiterated the essence of interpretation and interpretation on form and not the crime and the distinction between crimes, which is only thinking path of the different construction of criminal theory system, substantial and promoting substantial criminal law has important theoretical and practical significance on interpretation.
In the main comment on stage, Professor Chu Huaizhi first highly represented by Professor Liu Yanhong, a young scholar's academic achievements, he thought, forms of interpretation and interpretation on substance although there are differences, but actually plays the function complementary role, can promote the prosperity and development of criminal law academic. Researcher Deng Zibin think, substantive theory in the Chinese may form beyond the limit, will go against the weak, the rule of law and civil on the road. On the contrary, interpretation on form while not to consider the case justice, is the pursuit of long-term "utilitarian", can be the best way to restrain power. Professor Lao Dongyan spoke highly of the achievements of Professor Liu Yanhong in the view of substantive criminal law, but also to the viewpoint of Professor Liu Yanhong put forward different views, Professor Lao Dongyan successively in the substantive criminal law, the sources of law against the nature, substantive criminal law philosophy foundation, open elements of the definition of the eight aspects of expression questions to ask yourself. Professor Chen Xingliang, Professor Liu Yanhong's paper on the German and Japanese criminal law discourse system, but many places follow their own understanding of individual interpretation of the concept, which is illustrated from the three examples. Professor Chen Xingliang thinks, interpretation on form advantage lies in its fixed standard, so as to better constraint penalty function, form is not completely opposed to explain substantial judgment, but that substantial judgment must be restricted forms of explanation, which complies with the current situation of the rule of law in china. Since then, questioning and evaluating of Professor Liu Yanhong to the teachers of all one one responded.
Later, Professor Zhang Wen, Professor Zhang Mingkai, Professor Feng Jun, Professor Lin Wei, Professor Li Hong, Associate Professor Jiang Su teacher lectures of Professor Liu Yanhong are commented, the students also put forward some thoughtful questions, 3.5 hours of lecture ended in a warm and harmonious academic atmosphere.

"Forum" contemporary criminal ideas held once a month, Yang Chunxi from the Peking University of law education and research funding support, sponsored by the Peking University School of law, Tsinghua University School of law, Renmin University of China School of law, China University of Political Science and Law College of criminal justice and Law Department of China Youth University for Political Science in five school, is aimed to show the contemporary criminal law academic basic position, basic principle, basic method of thematic sex, series and academic forum.

(text / Wu Yuhao Li Kui Zhang Jin)