Source:Jose Millan News Network The editor:Zhu Junfeng 2006-7-26 22:14:16

With distinct characteristics of the times the development of criminal subject, its vicissitudes is deeply marked the history of the brand. Since its establishment, construction and development of criminal law discipline has roughly undergone three stages: from1953Years of Zhongnan Institute to1976Years, for criminal law establishing period, during which times are hard, and was once social unrest, the criminal law has experienced and accumulation of difficult start-up stage;1977Years to20Century90In the early 1990s, for criminal law restoration and the period of comprehensive development, greatly improving the academic environment, criminal subject construction also once reached its peak;1990In the early 1990s till now, the criminal law after a short adjustment after a period of construction, subject to further deepen and perfect. At present, in addition to the traditional criminal law, criminal law, also includes penology, criminology, criminal psychology, criminal investigation science and other disciplines, the criminal subject in the professional after the reorganization, towards criminal integration comprehensive forward direction.

One, starting and exploring stage:1953-1976Years

    The middle of the last century, the new China established, a thousand things wait to be done. Criminal law discipline construction in the initial stage of exploration and. During this period, the recruitment and training of criminal law discipline construction point of focus on talent, academic research and education focuses on absorbing foreign (mainly Russian theory of criminal law and criminal law) the popularization of basic education.

    1953Annual national college adjustment, Zhongnan institute. At that time, criminal law as one of the legal professional group, belonging to the legal department (by Wang Guofang teaching and Research Office Director), undertakes the undergraduate, special training, judicial cadre training class "Soviet criminal law" course teaching task. Group members are: Wang Guofang, Wang Jinke, Zhao Xijun, Hu Xin, Xue Liren, including4Research department, graduate,1People bachelor's degree graduate.1955Years, criminal law department was formally established, then, the criminal law discipline has been responsible for undergraduate, specialist legal professional school level teaching task. The first director Li Keren (female) was.

    1958Years, criminal law department and Central School of politics and Law Department of Zhongnan University of political science and law with criminal law, byYang ZhishengTeaching and Research Office director,1965-1968Years passedCeng XianxinTo serve as. During this period, the criminal group members are: Li Keren (1958Hu Xin (Guangdong), 19961953In the school, had been taught, Wang Jinke (now)1956Northwest University of Politics and Law, Xue Liren (1996)1956Northwest University of Politics and Law, Jiang Rentian (1996)1955In the school, (Zhu Jiliang)1955In the school, (Ceng Xianxin)1956In the school,2001Died, Jin Huogen, Liu Yinchang, Xi Ruian), Yang Zhisheng (1958In the school, (Ceng Zhaoqiong)1958In the school,2001Wu Anqing (died)1958At graduation, Shang Yixun (years)1958In the school, (Zheng Changji)1958As graduation, now retired), Luo Tanghui (later transferred to the Secretary of the Party committee of the Hubei Institute of Education). At that time, the opening of the main Soviet criminal law "" curriculum, teacher preparation in the Soviet criminal textbooks, students do not have their own teaching materials, learning is the criminal law of the Soviet union. At the same time, the criminal subject group according to the "PRC Criminal Law (Draft)" and the judicial practice, reference external experience, learn from the Soviet criminal law, began to gradually explore the establishment of China's own criminal law system.1956Years, Jiang Rentian comrades in the Chinese first "China branch theory of criminal law", in this period, he also and our Comrade Hu Xin (1952The Department of law of Renmin University of China graduation year criminal law graduate class) participated in the new China criminal law draft discussion and drafting.1958Years later, legal subject was negative, criminal subject group in difficult times of that time, through the criminal policy research in the name and professor of criminal law, and has compiled the "criminal law course teaching material", "criminal policy and legal notes" and other teaching materials.1964Years, "anti rightist", teaching impact.1966Years, the Cultural Revolution began, teaching activities during the interruption, only some short-term training class opened, until the1976Years later, the normal teaching activities began to recover.

    During this period, teaching conditions are poor, teachers discipline of criminal suit one's measures to local conditions, make do with whatever is available, the creative adoption and implementation of scene teaching, judicial investigation, teaching method, and thus the formation of good traditional teaching combining with teaching and practice. At the same time, advocating and forming a good teaching atmosphere, help, with a combination of subject in the internal. In the process of teaching "labor law" of the subject, teachers are required to take the students to the penal squadrons on-the-spot investigation.1956Years, Jiang Rentian professor was lecturing to criminal law theory, but also with the students, clearing the backlog to Xiangfan Huanggang court.60Time, comrade Wu Anqing every year to lead the students in urban and rural areas, are3Social practice survey month.1964Years7-8Month, he took advantage of the holiday to Guangdong Province, Guangzhou city law enforcement authorities, sent spy case was peculiar to the southern Taiwan and conduct special investigations to Hong Kong and Macao smuggling cases, based on the analysis of many examples, analyses the causes of this kind of case, characteristics and corresponding countermeasures, write out a report more than 20000 word, enrich the teaching and scientific research, has obtained the good teaching effect. In order to encourage teachers to the pioneering and innovative spirit, criminal subject group combines the discipline construction and personnel training, establishment of tutor group responsibility, responsible by Ceng Zhaoqiong, Jiang Rentian, Ceng Xianxin and Zhu Jiliang, the old teachers and young teachers preparing lessons, teaching together, with each class. In data scarce historical conditions, which effectively promoted the growth of the young teacher.

    In the joint efforts of all members and influence each other, criminal subject to the period of the absorption, accumulation, and cultivate a group of outstanding achievement has been, or potential teaching, scientific research personnel. Such asCeng ZhaoqiongThe professor, the thirty or forty's had China as one of the earliest scholars abroad Japan, the criminal law in the Republic of China has gained a world reputation. During this period, Professor Ceng Zhaoqiong of the school building criminal disciplines, including and cultivating the criminal theory research and education, talent, has played the important role of the core, the early years of painstaking research accumulation of a large number of academic research manuscripts, it was rare precious academic data (sadly, these the manuscript in the "Cultural Revolution" was regarded as reactionary academic on fire, Mr. Zeng's early efforts also cast to waste). It is difficult to start this period and hard accumulation, the school of criminal subject to rapid recovery and revitalization after ten years of catastrophe. 

Two, recovery and overall development period:

    1977-20Century90In the early 1990s

    1977Years later to20Century90In the early 1980s, with bring order out of chaos and the party's Third Plenary Session of the eleven victory is held, the school of criminal subject construction were resumed and all-round development of a galaxy of talents, discipline construction, academic research is self-contained and mature.

    1977Years, restore the national college entrance examination system, the school resumed undergraduate enrollment, teaching and scientific research of criminal law gradually on the right track. At that time, members of criminal disciplines are Ceng Zhaoqiong, Ceng Xianxin, Zhu Jiliang, Wu Anqing, Jiang Rentian, Zheng Changji, Shang Yixun, Hu Xin, Xia Qigan, Zeng Xian Trust Department director.1977-1983Years, the opening of the main principles of criminal law ", with" China "Chinese criminal law" and "theory of criminal trial work" and other courses; and1980Years, there is no textbook for undergraduate students;1981Year started using Gao Mingxuan Ma Kechang, editor of the textbook "criminal law" (the University Professor Jiang Rentian AP).

    1983Years later, the teaching of criminal law entered a stage of development. Law undergraduate students to open "Chinese general provisions of criminal law", "criminal law", "Chinese on penal law" (later renamed the "Prison Law"), criminology, criminal psychology "" "", "foreign criminal law" and "criminal investigation" and other courses, has used materials is: "the science of criminal law" (Zhu Jiliang, Wu Anqing,1986Years later for school correspondence students, "criminal law" (New), Wu Anqing, Hu Xin,1990Years later use), "criminal law" (edited by Su Huiyu,1995-1996For undergraduates to use), "criminal law" (Zhang Mingkai,1997Years later for undergraduate use), "new criminal law" (Introduction to Qi Wenyuan, Xia Zhaohui editor,1997Years later for law two and correspondence students use), "criminal law" (edited by Qi Wenyuan,1999Years9Month for undergraduate teaching, the Department of justice recommended teaching materials, still in use).

    1982Year, nationwide to recruit Master graduate student to start criminal subject, criminal law has become one of the little master the first few at that time. Postgraduate courses are: "criminal law" (Ceng Zhaoqiong taught thematic introduction), "criminal law" (project Ceng Zhaoqiong teaching), "issues related to crime of" (Ceng Xianxin Lectures), "Anglo American criminal law" (Jiang Rentian Lectures), "general provisions of criminal law special" (Zhu Jiliang, Jiang Rentian teaching), "criminal law a special" (Wu Anqing Lectures), "special" (Zhu Jiliang teaches criminology, criminal psychology ")" (Zheng Changji Lectures), "labor law" (Wu Anqing Lectures), "ancient criminal law special" (Shang Yi hoon, Hu Xin taught).

    1985Years, criminal subject teachers growing. The school culture first, two or three criminal law graduate began graduated school, such asZhang Mingkai.1985Years of Graduate School),Qi Wenyuan(1985Years of graduate school, (Lu Xiaoguang)1985Years of graduate school, after work to Shenzhen),Liu Mingxiang(1986Years of Graduate School),Li Xihui(1986Years of Graduate School),Feng JunQian Yi, etc.. Many teachers which were later to become academic leaders of some schools of criminal law.1985Years, graduate school assignment to criminal law department from Northwest University of Politics and Law teachers Xin Zhongxiao, Xu Jue, Lin Xiaoqing, Cheng Lifu, Yonglu Han, Wang Bo, Zhou Renchang, Yang Zonghui, Zhao Junxin etc..1986Undergraduate graduation with criminal law department, Yuan Zhongyi Wei Tao. In a word,1985Years to20Century90In the early 1990s, the growth of an unprecedented scale of criminal subject, the number reached20Many people, and the reasonable knowledge structure, age was echelon match.20Century90In the early 1990s, the number of criminal subject gradually decreased. Among them, many of the young teachers to apply for and a doctorate from the school, such as Liu Mingxiang, Li Xihui, Feng Jun, Qian Yi, and the teacher has transferred, such as Lu Xiaoguang, Han Yonglu, Xu Jue, Cheng Lifu, Wang Bo, Zhou Renchang, Yuan Zhongyi, Wei Tao etc..1985-1996Years, director of law department has held by Professor Zhu JiliangDeputy director, department have been Liu Mingxiang, Wei Tao, Yuan Zhongyi etc..

    Since the Third Plenary Session of the eleven, the academic research is facing good opportunity hitherto unknown. The school of criminal subject in criminal law at that time still follow Chinese50In the Soviet Union under the framework of criminal law system, pioneered by Professor Ceng Zhaoqiong, and actively introduce Japan, criminal law, and is committed to exploring, creating a China characteristics of the criminal law system.Under the direct instruction of Professor Ceng Zhaoqiong, Jiang Rentian, Ceng Xianxin, Zhu Jiliang3Comrades overcome data shortage, environment and many other difficulties, to1983Years3Month as "theory" one book constitutes a crime. The book was one of the earliest system research has China characteristics of the crime constitution theory monographs, first put forward in the social harmfulness of crime as the core to establish the system of crime constitution theory.This monograph unique insights, the viewpoint is novel, so far still has important academic influence.1981Years, in order to meet the needs of the people's Republic of China "criminal law" promulgated and implemented, by the Ministry of justice commissioned, comrade Jiang Rentian in high school textbook "criminal law". The book is a new China first authoritative college textbook of criminal law, in the history of the development of domestic criminal law, plays an important role in the criminal law of our country to research, teaching, and the practice of criminal justice, profound influence. Study the influence of representative are: -- "the theory of indirect intent and motive for the crime" ("law" article25Period of), "rape" in violation of women's will "problems" ("law" article34Period), "on the criminal causality from several points of view" ("jurisprudence"1982No.3Period "), the essential feature of crime in criminal law science" ("Hubei College of Finance and economics"1983No.1Period), "construction has China characteristics of criminal law science system" (the founding conference of national criminal law society1984Years), "" ("misappropriation of South Central Institute of political science and law"1987No.2Period of); "China works category -- the basic principles of criminal law", "criminal law", "China ancient history of crime constitution principle", "criminal responsibility theory", "the market economy under the conditions of economic crimes and Countermeasures", "criminal law on the basis of the concept" etc.. These academic achievements jointly build and established the basic system of criminal law theory school. Among them, the representative viewpoint mainly include: criminal law system of criminal law theory, the theory of three parts of criminal responsibility, criminal responsibility of crime, has an independent significance, is the penalty concept; constitution of crime to social harmfulness behavior as the core, the integration principle to objective and subjective, objective aspect, subject, subjective to aspects of crime is essential, is that the only legal standard of crime; crime constitution is the only act in line with the standard of crime, this theory should be applied in criminal theory always, identification number, the unaccomplished crime should adhere to the theoretical standard.
    During this period, the school of criminal subject construction fruitful. The comprehensive development of academic research, academic theory tends to be mature; academic team on an unprecedented scale, academic structure with reasonable. The subject has the famous professors and promising academic rookie near10One, such as: Professor Ceng Zhaoqiong, Professor Ceng Xianxin, Professor Jiang Rentian, Professor Zhu Jiliang, and Zhang Mingkai, Qi Wen Yuan, Liu Mingxiang, Li Xihui, Feng Jun and several other young teachers, the strength and scale of first-class, but due to various reasons, the discipline construction failed to "make still further progress, further", finally can not help but fall history defect.

Three, deepening and perfecting stage:

    20Century90In the early 1990s till now

    20Century90So far since the early 1990s, criminal subject to reorganization after short-term pain, academic research toward the depth direction and the direction of development of criminal integration.

    1993Years later, the Cobb, transfer and other reasons, a number of successful, promising young scholars continue to leave school, the discipline construction of criminal law is weakened to a certain extent. In the joint efforts of the new academic leader and all the group members under the talent, make up the defect and the criminal law, subject toCriminal integrationThe direction of development and growth. At present, the criminal subject members are: Qi Wenyuan, Xia Yong (1999In, Zhang Yuanhuang, Xin Zhongxiao), Yang Zonghui, Wang Junping, Zhao Junxin, Xia Zhaohui (1990Graduate School),Liu Yanhong.1992Years of undergraduate graduation)1998The school master's degreeHe Jialing (1992Years of undergraduate graduation, (Xiong Yunwu)1993Years from the Hubei Institute for Nationalities, Ouyang Zhuyun (in)1997The Northwest University of Politics and Law graduate, Ding Youqin (distribution)1997Years of Graduate School),Su Caixia.1999Years of Graduate School)Liu Daihua (1999Years of graduate school, Jin Zegang, Cheng Hong ()2000Years of Graduate School), Zhang Kewen (transferred2000Years of graduate school, (Guo Zeqiang)2001Years of graduate school, (Tong Dehua)2002Year graduated assigned to department),Detailed (2002Years of Graduate School). Among them, Professor, associate professor of10People, Dr. PhD7People, criminal subject of young and highly educated trend.1996So far, Zhao Junxin served as director of the Department of criminal law. In the meantime, criminal subject and criminal law have emerged in the academic talent digital potential, good.

    Get into20Century90Since the 1990s, the school undergraduate enrollment scale gradually expanded, the school environment and conditions further improve,2000Years later, graduate students began to expand the scale, the criminal law undergraduate and postgraduate teaching tends to be mature and stable, mainly in the classroom teaching, and to inherit and carry forward the fine tradition of the close combination of theory and practice. In the teaching process, often lead the students to visit, inspect prisons and other places of detention camp, regularly held mock court, carrying out academic debate, lead the students to the judiciary practice, these methods have greatly promoted the students to understand and grasp the theory of knowledge.1997Year, Professor Zhang Mingkai, Professor Qi Wenyuan in the graduate opened the "criminal law" case exercises course, this is a bold and innovative teaching methods. This kind of case teaching mode fully carry out the democratic teaching, teaching benefits teachers as well as students, teach students in accordance with their aptitude, author of the guiding concept of quality education, and achieved very good teaching effect.

    During this period, and further improve the depth theoretical study of the subject, criminology, criminal psychology and criminal investigation learned to rise the whole subject of criminal integration, toward the direction to move. According to incomplete statistics, the discipline of members in "law", "law" and other legal authority or Chinese core journals in200Article, including dozens of papers obtained from the Ministry of justice, China law society, Hubei Province outstanding paper award. The representative with the "new criminal law objectivism", and "about add crime of" dear "," action "-- on the legislative value of the amendment to the criminal law should be appropriate to expand the scope of" Dear action "," escape "on the subject of the crime of", "on the penalty efficiency", "on the criminal law" the main objective unity "on principle", "social harm and criminal illegality", "on the relationship between the nature of the crime of", "a crime and convicted of the crime", "the concept of crime -- crime concept of criminal law and Criminology", comparative study "crime scene", before the "of" legal truth "standard of proof", "question our community crime prevention and control mode of the reflection and reconstruction", "Macao organized crime legislation value and reflection", "globalization and Chinese community crime control research", "the determination of charge", "scientific in China's criminal law theory of crime constitution of five mistakes", "Dialectics of the theory of social harmfulness", "present recidivist system with perfect" etc..

    The subject of various monographs, textbooks published dozens of. Mainly Qi Wenyuan compiled the "new criminal law", "Introduction to criminal law", "crimes", "dictionary of principles and practice of criminal law"; Xia Yong writes "comparison" foreign military criminal law; Zhang Yuanhuang writes "the basic problem of criminology", "crime theory"; Yang Zong Hui writes "the crime of camouflage the criminal reconnaissance characteristics", "reconnaissance", "21The police science library books "(chief editor); research of fraud crime by Zhao Jun written with" ","Crime of Liu Yanhong writing"(According to the research, one of the master's thesis advisor was Zhang Mingkai, another forgotten), "open crime constitution theory" etc.Su Caixia writes "; comparative study on recidivist system.".Zhang Mingkai (criminal law course point1998Year transferred to Tsinghua University), Professor Qi Wenyuan, Xia Yong, Xin Zhongxiao, chaired and completed the Ministry of justice, the Supreme People's Procuratorate, the Ministry of education, the National Social Science Fund Project7A. Professor Zhang Mingkai, Qi Wenyuan, Zhao Junxin, presided over the completion of the4Provincial projects. Liu Yanhong has received and completed the "Henry Fok Education Foundation Fund project supported by the young teachers", China Postdoctoral Science Foundation funded project2A.

    Look from whole, the subject representative academic views are:

    1Vigorously promote the study of criminal law in sociological perspective theory. Study and theoretical research on the traditional criminal law, to standardize the research to the new research methods and Perspective -- research methods and sociological perspective to reflect on and supplement of criminal law.

    2The dialectical unity between social harm and criminal illegality. Social harm and criminal illegality is a kind of contradiction relation between. In the ideal, ideal level, social harm and criminal illegality is unified. But in reality, social harm and criminal law between the two because the legislation technology, the characteristics of language, the human cognitive ability, social life is complex and changeable factors rather than absolute consistency, in legislation and judicial practice, more or less will be showing the opposite state of social harm and criminal illegality and conflict. It should be adopted in legislative and judicial two processes using "social penalty" and "punishment" the harm of ideas, in the premise that the reality of social harm and criminal illegality opposition and conflict between the ideal state, mutual efforts in pursuit of the unity of the two.

    3Relativistic concept holds that the crime of "dualism" and criminal value. Crime on criminal law, in essence, is the objective harm and rule will the incompatibility of unity; in the form is the unity of objective harm and subjective sin. At the legislative level, it always traveled to political order and social order between the need to pay attention to, compromise and balance between two persons; in the judicial hierarchy are focused on identification of normative and certainty. The crime in criminology, based on objective acts harmful to society as the only content, emphasis on comparison of true crime is defined across a range of temporal and. We should focus on the natural origin of crime, through absolute evil law crime (negative value), crime has a relatively good (positive value). Thus, limited inevitability and crime control of crime to be established.

    4Put forward the three basic ideas of subject construction, the guarantee of human rights, rule of law and the concept of prevention.

    5Break through the traditional subject system reconstruction, investigation, the investigation of basic theory, investigation procedure and difficult cases for the first time in China, specially introduces the investigation.

    6Advocated the integration of different research system of interconnected as the support, to Chinese Public Security University police science research system, Chinese and Law University police science research system, the Ministry of public security system China police science research system and the social science research system security scientific research system4Theoretical innovation system China police building innovation chain for the backbone of the planning and development study, police science.

    At present, the school has formed by the criminal law, criminal law, Chinese foreign criminal law, military criminal law, criminology, penology, criminal psychology, criminal investigation and other professional, the integration of the undergraduate and graduate education college, the complete professional, teachers complete, sufficient reserve force discipline system.1998The subject was named Hubei province key discipline.At present, the construction of criminal subject is positive and to declare the work of dr..