Criminal law is a talent, justice of the subject, is also a wise discipline.Our eyes only constantly between justice and criminal law provisions, to understand the true meaning of the criminal law.The science of criminal law since the date of birth, as the shadow follows the form of criminal law maxim, and accumulation, and gradually became the guiding principle of criminal legislation and judicature.Such as "no law there is no crime, no punishment without law, form" is the principle of legality; "the punishment and its tough, not ease" is the requirement of the criminal law.Therefore, in-depth study of the criminal law behind legal maxim and its practical significance, has important significance to perfect the criminal law.Interpretation of criminal law is an important way to maxim, insight into the essence of the criminal law.
Mr. Zhang Mingkai's "criminal law" (hereinafter referred to as "the motto of the motto"), the criminal law of more than 20 maxims are described, with a knowledge of archaeology, and examines the motto of the source.At the same time, according to the theory of criminal law in Germany and Japan to present Chinese criminal legislation and judicial practice are discussed.Although the academic essay, not covered his academic thought light.Mr. Zhang Mingkai in the motto, the interpretation of criminal law method played most incisive.In other writings also repeatedly stressed, do not frequently requires amendment to the criminal law, but should make full use of their wisdom to the interpretation of criminal law, the right to punish criminal victim protection in law of the discipline.We should study on criminal law rather than blindly criticism of criminal law.The author uses law connecting the legal maxim and the modern criminal legislation of ancient well, this need wisdom, otherwise, these "antique" would be those not of interpretation of criminal law as dross waste away.
In addition, using the case to illustrate the reason Mr. Zhang consistent argumentative techniques.Such as the crime of omission and the possibility of expectation, the motto of the produce, meaning, current criminal law applicable to flow range are discussed in detail, the criminal law question makes me on at least one criminal law proverb involved with longitudinal grasp.Especially the same case in different countries or the use of the theory of criminal law is different, can draw very different conclusions, this shows the importance of the theory of criminal law and not to fight.The basic theory of criminal law theory system of constitution of crime is related to these problems.
Of course, the criminal law. In order to accurately, also need adequate theoretical knowledge of appropriate restrictions on the scope of.As the author in the paper "the punishment and its harsh as ease" the motto, to various kind of penalty history reviews.At the same time, are compared from the general prevention and special prevention angle, points out its correctness and should not be misunderstood, also refuted the calligraphy and painting of the popular "times of heavy penalties" will bring problems.In short, the criminal law proverb is old and contains abundant knowledge carrier of criminal law jurisprudence, how through the ancient, relationship with the reality of the situation, need enough wisdom to handle the motto, is the crystallization of human wisdom.
I think, "motto" a book that can be read as a criminal history, because the motto of, let us understand the development history of the criminal law; and be as academic papers to read, each have a separate part of the motto, elaborating the relevant problems are also profound place; also can be read as a social commentary, such as some time ago Chengdu drunken hit events, if the reason for applying for the theory, completely reasonable to conclude, this ratio by using the layman commentator held to deep, much.Read the "motto" a bit like the movie "myth", it leads us in ancient and modern shuttle stop between the longitudinal period, is the spirit of the criminal law, is the human care.
In a lack of thinking, noisy restless era, few scholars such as Mr. Zhang Mingkai calm thinking, its own system of writing and formed his own academic thought.In all the people like a swarm of bees like the pursuit of the so-called criminal new topic, making academic garbage, the theory of criminal law is the most basic No one shows any interest in, like castles in the air.The basic theory is the most critical areas of research, Zhang Mingkai immersed in this, his works will be enlightening, the thought will give people enlightenment.