Reading notes - Zhang Mingkai "criminal law" was launched

Application is the rule of life, execution is the goal and fruit of the law, is the law confirmation.
To execute laws is the true validity of law. The law is effective, national and prosperity.

Law making, law enforcement difficult.

Because many people do not explain the law and good at criticism of law, not only abandoned their mission, but also reduce the authority of the law.

The object of law is not to laugh at, but the research object; the law should not be the referee, but should be the criterion.

I am not an advocate of "evil law is law, but also not in favor of an unjust law is not law, but is that law must be believed in, otherwise it will exist in name only.

Since the law of faith, we do not criticize the law, do not advocate to amend the law, and shall carry out a reasonable interpretation of the law, the law will "not ideal" interpretation of the law and reasonable.

The legal duties only for judges, but did not criticize legal power. The referee can only say the law is how how, but not that the law should be how how.

In the past 10 years, the science of criminal law in fact is a criminal legislation, instead of the interpretation of criminal law.

Evil law is also the law (Dura lex, sed Lex): the saying in the Dura lex can be translated as "evil law is worthy of study, because the basic meaning of" Latin dura is rough, rough, stiff. Many Japanese scholars take the stiff meaning, the motto of "severe also release method".

To know the law of good bad, is to transform the question of law, applicable law and not.

Definition in law are dangerous.

It is difficult to define, the law does not require a correct definition, and appointed the good people of discretion.

Extreme determine failure certainty itself.

Most legal training, especially in the elite law school, is the study of the uncertainty of law.

The extreme precision in legal challenge, because the more the flaws of criminal law more sophisticated.

The law must be simple to more easily grasp.

The law sometimes sleep, but never die.

In all of the symbols, language symbols are the most important, the most complex kind.

In view of this, the legal study of law is, on one hand we should have broad mind, the mind creates jurist; on the other hand, to make a reasonable explanation, "explained is the essential factor of the legal adjustment mechanism".

The common opinion is the force of habit.

We directly grasp is not inherent, hidden soul, but expressed through the language of thought and reason.

We must respect this, I and the author is not real life.

Legal experts should try to probe into the will, "as in law reflects the national will. Not legal drafting the will of the people."

The legal parents do not know, only know the truth.

Since the existence of criminal law, the victim began country instead of reprisals, countries have a dual responsibility; as countries in the action is taken, not only to the interests of society against the offender, to protect the offender is not affected by the victims revenge. Now the criminal law also not only against crime, protect the crime person, its purpose is not only to the establishment of the national criminal law power, but also to limit the power of.

Contemporary interpretation is the best explanation, and in the law of the most powerful.

Habit is the best interpretation of the law makers.

Good habits are worth more than the law.

The theory of natural law, the separation of the three powers of thought and theory of psychological compulsion, is the theoretical origin of the legal principle of crime and punishment, however, has only a history significance. Now, foreign criminal law theory does not think they are the theoretical basis of the principle of legality.

Savigny: in respect of culture and national history of the banner, against the natural law theory. Believe that natural law is not enough to go upon the assumption of a congenital.

Theory of psychological compulsion: crime is happy and pain is based on.

Germany's Ihering: crime behavior before a fluky psychology, think that crime will not be found, can escape the punishment.

Expect no punishment is the biggest incentive, not punished by the constant temptation, expect no punishment given to commit to constantly tempted to commit a crime.

Of course, Jhering view too absolute, because the perpetrators of illegal acts or is based on the plot, or based on impulse, or give a chance.

Crime is the law violations, is the negation of the law, the criminal law is the negation of the crime.

In Hagel's view, the penalty is not applied to the evil things, but to respect the rational thing; criminal law is not simply equal retaliation, and should be "equivalence and against the values of the corresponding".

Although the scholars think that Feuerbach was the first to put forward the legal principle of crime and punishment in criminal law, it is in this sense that he is the father of the modem criminal law, but almost no one in favor of his theory of psychological compulsion.

Foreign criminal law theory is generally believed that the theoretical basis of the principle of legality is democracy and respect for human rights.

Cicero: "we are the slave of the law. Because of this, we are free. If not impose legal restrictions, everyone can be arbitrary, is the inevitable result of the resulting free of destruction."

Rock: "by the law of real meaning rather than limiting guide free and wise people to pursue his interests,...... The purpose of the law is not to abolish or limit the freedom, but to protect and expand freedom."

The national peace is the highest law.

Benefit where there is a prisoner.

The law does not ignore trivial things: the modesty of the criminal law.