"The status quo of German criminal theory: the advantages and disadvantages of" Professor Hill Gen Dov speech

On September 24, 2012 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 law school and China University of Political Science and Law College of criminal justice in four school jointly sponsored the "Contemporary criminal ideas forum" lecture series of activities, was held in the conference hall of Peking University KoGuan building. The theme of the forum is "the status quo of German criminal theory: advantages and disadvantages", by the Eric Hill Gen Dov professor of Wuerzburg University School of law in germany.
The forum hosted by Peking University professor Liang Genlin University School of law, Peking University professor Chen Xingliang, Professor Wang Shizhou, Tsinghua University professor Zhang Mingkai as the main comments. Peking University law school associate professor, car Hao Tsinghua University professor Zhou Guangquan, Renmin University of China professor Liu Mingxiang, Professor Feng Jun, Associate Research Fellow, Fan Wen China Academy of Social Sciences, China Youth University for Political Science, associate professor of Law School of Huazhong University of Science and Technology, Dr. He Qingren micro week as guests attended the forum, the forum by the Law School of Peking University, Dr. Huang Jiang Su Xiaoyan lecturer of law school in Wuerzburg and Germany University as a translator. At the same time, the forum attracted more than 200 students from four colleges and universities came to the scene to listen.
Before we begin, Professor Chen Xingliang introduced the Eric professor Hill Gen Dov and the basic academic thoughts. Professor Liang Genlin presided over the Dean Professor Zhang Shouwen, Peking University School of law on behalf of Peking University law school issued letters of appointment to the visiting professor professor Eric Hill Gen Dov.

 


Eric professor Hill Gen Dov is the director of the Wuerzburg University School of law in Germany, the criminal law, criminal procedure law, jurisprudence, law and legal information science information all have in-depth study, the criminal law academic exchanges and for many years in the Chinese and germany. In this lecture, Professor Hill Gen Dov based on the deep knowledge of German criminal law status, are described, and then deeply analyses the advantage and deficiency in the German criminal law.
First of all, Eric professor Hill Gen Dov introduced German criminal law have great influence in the global scope, at the same time, he pointed out that other European countries had a positive effect on criminal law studies. On this basis, Eric professor Hill Gen Dov also briefly summarizes the development of European Criminal Law thought.
Then, Eric professor Hill Gen Dov introduced the status of German criminal law, and explains its characters. He pointed out that, the German criminal law scholars have different political tendencies, but the range of criminal law criminal law scholars have devoted most of Germany for legislators to magnify and punishment aggravation is negative, the criminal law of the core or in the protection of civil liberties. Professor Hill Gen Dov also pointed out, the German criminal law research subject scope is very wide and diverse, not only substantive criminal law and criminal procedure law, order, violation of law, criminal law, criminal execution law and juvenile criminology etc.. The traditional form of criminal law is still in the works, sentence annotations, notes and textbook method. The relationship between criminal law and judicial practice is very harmonious, but the relationship between criminal law circles and political, as well as the relationship with the public, but not so harmonious. The doctrine of criminal law system influence the vast majority of criminal law scholars thinking mode, but the mode of thinking can sometimes lead to criminal law to fusion and the problems in practice. Now, it has been rarely mentioned "school", the basic theory problem does not occupy an important position, practical problems of German criminal law today is committed to solve new appeared in criminal law and criminal procedure law.

 


Finally, Professor Hill Gen Dov of the German system of criminal law theory, advantages and disadvantages were analyzed. He points out, a very fruitful, with the theory of criminal law of structural exclusion of arbitrariness, and makes a rule applicable to become may lead to criminal law. The theory of criminal law in this way to strengthen the prevention function of law, and enhance the confidence in the legal sense, but also to protect the non legitimacy of violations of citizens against crime and criminal organizations. However, Professor Hill Gen Dov also pointed out that the three German criminal law problems. The first problem is in some fields of the detailed analysis on the tendency of doctrinal issues; the second problem is not a clear distinction between practical problems and legal doctrine and appropriate to solve them; the third problem is the German criminal law Europe hasn't found a convincing answer. Finally, Professor Hill Gen Dov think, the future German criminal law should further strengthen cooperation with other countries in the research of criminal law, in order to achieve the world within the scope of the provisions of the criminal law consistent target.
In the main comment on stage, Zhang Mingkai professor of China and German criminal law have been compared, and points out the similarities and differences. Professor Wang Shizhou first spoke highly of Professor Hill Gen Dov's lecture, also pointed out that, for the fine degree of expansion and theoretical study of the law, should be based on the specific conditions of China thinking. Later, Professor Hill Gen Dov and the students interact, the FAQ for several classmates. Later professor Feng Jun from the angle of criminal law of knowledge transformation, the doctrine of criminal law to promote, at the same time, he also points out that we should correctly understand what Professor Jacobs proposed "criminal law" theory. Professor Zhou Guangquan thinks that Chinese criminal theory deeply affected by ideology, should weaken this influence, and should give full attention to the establishment and development of criminal law school.

 


Finally, Professor Chen Xingliang through the main comment way, on the theme of the forum was summarized type statement. Professor Chen believes that the criminal law doctrine, our school is still in the initial stage, learning from the foreign criminal law method is the route one must take the development of China's criminal law, and the transformation of China's criminal law should be doctrine of criminal law as the center. On the "criminal law" theory, Professor Chen believes that Chinese criminal law itself has a "criminal law" the tendency, therefore, the main task is to find out exactly our citizens from the enemy. In the spark of wisdom constantly hit out of the atmosphere, the forum lasted 3.5 hours, the forum in a warm atmosphere in 22 when the curtain call.

 


"Forum" contemporary criminal ideas held once a month, and the "forum" the contemporary criminal law ideological trend special lecture is not regularly invited the world famous criminal law, they are funded by the Peking University Yang Chunxi law education and research fund, Peking University jointly organized the Tsinghua University law school, law school, Renmin University of China School of law and China University of Political Science and Law College of criminal justice, to modern criminal law academic basic position, basic principles, basic methods, special series, academic forum.

(Yang Weizhu, Wang Huawei.)