As has the springhead

Criminal law -- on Zhang Mingkai the teacher "" (No.4Version)

Wen Dengping

One, good to know the rain season, when spring is here

In the "criminal law" article3Four years after the publication of Zhang Mingkai version, the teacher also introduced the "criminal law" article4Version.[1]This is a public admiration, follow the "Kai brother""KA major event powder ",[2]Is a major event in the field of criminal law, and even can be said to be bound to have an impact on the national event.

When I get the front of the long-awaited "criminal law" (article4Version), seem to have hit the jackpot, although very excited, can not hide the joy of heart, but I have toHoldLive. You know, in front of this book, I have a lot of homework in advance. Of course, not to say not to know, that is know. Let me briefly. First, when I was in Law blog "diving" that Mr. Zhang to launch a4Version, I immediately useGOOGLEAs for the search, according to the working experience in university teaching me over the years, preliminary judgement generally published in seven or eight months, to read the book for the time to prepare.[3]Second, in order to better understand the specific provisions of criminal law, special law to balance the bookstore[4]To explain the principle of the criminal law of the purchase of a new publication "" (No.2Version),[5]And seriously reading. Third, from a legal blog Qingshu Dr. Wu Qingyuan law ""[6]Learned that Zhang introduced as the "criminal law" (article4Version) "criminal law" after the prelude,[7]From the network to buy this book,[8]Concentrate on the book from A to Z see again. Wait.

Ma Shiti, people have miscalculated. Although the "criminal law" at least can solve the problem with readable book, but, unfortunately, the only book the general part of the criminal law, not on the part of the content, not the general and special theory of reading; the amendment to the criminal law activity in the post, wrote the book in front, the book seems to and no large scale adjustment according to the criminal law amendment. In particular, "criminal law" is a simplified version of the book, content is more concise, still can not meet our need, on knowledge of truth.[9]

Moreover, since the2007So far this year, the NPC Standing Committee promulgated the two amendment to the criminal law, not only a large number of revised provisions, this year "goal",[10]The general provisions also changed. This year, "two high" have not been idle, out of the whole lot of judicial interpretation of criminal law. Although played a significant role in the judicial interpretation, the judicial interpretation of generalization,[11]The criminal law is more and more judicial interpretation overhead, drowned in the judicial interpretation of a vast expanse of water, moreover, "criminal law" textbook without judicial interpretation of "advance with the times", I am afraid. Look at it, "criminal law" and the new version of the.[12]You can't let the auxiliary books turn from a guest into a host, at least do many things at once.

Also, there were many difficult cases in judicial practice, waiting for us to provide solutions. But my ability is limited, "one can't make bricks without straw", how to do? Difficult criminal cases long or improper solution, do not affect the national harmonious society? Do not affect people's well-being?

"Whenever I encounter the difficult cases, I will remember the teacher, think of his" criminal law "."[13]The old version of the "criminal law" also not mentioned, some are not mentioned in his paper, other scholars also did not provide solutions or did not provide a reasonable solution. The interpretation of criminal law (Criminal Law Hermeneutics), in addition to the development of the theory itself, is not provided, the near future plans for the present and future legislation, judicial practice.

What am I gonna do? Qinghua, looking for Mr. zhang. This is the most direct way. However, we have our own life and work, Mr. Zhang also have their own teaching and research work, there are many academic activities need to be. We don't have the heart to disturb him. Otherwise, Mingli building door should set up a "reception office". Thus, although the heart of our motherland distance is not far away, from the teacher's distance is not far away, although we always look forward to close to Mr. Zhang, Mr. Zhang close to, but most of them no chance.[14]We are reading through his criminal law textbooks and other papers, on the understanding of the criminal law to learn new knowledge. "Know a good rain season, when spring is here". Now, Mr. Zhang's "criminal law" (article4Edition) published, don't beat around the Bush, just buy a does not have.

Two, Wang Ling side as a peak, near and far different level

Buy a book, go and see. Summer at the teacher's "criminal law explanation principle", has spent two months time. Don't read a book, if it is a shame. This book is what?

The "criminal law" (article4Version) was a kind of a book.Some people might say, Mr. zhang,88A book, other textbooks are not so expensive, the price is too high! How can that be? First, although the price is88Element, but the foot1132Page, the total number of words have146.7The word. Relatively speaking, "criminal law" (article4Pricing is version)69Yuan, but only931Page, the total number of words for117.3Words. The new than the old version20Million words, if considering some of the content has been updated, the changes to the more. Such a thick book, only sold80Yuan, can you say your? Through the network bookstore book or a discount, often have20%Even to the extent that25%Preferential, such,70Money can buy, you can say you? Second, the book is not only the physical labor and mental labor. Can imagine, to write such a thick book, and how much the brain cells, to wear out much computer keyboard. We love the motherland, love people; we love life, love learning love; our criminal law, also love Zhang-Don't expect too much. Third, the pricing of books, also tend to consider various cost and sales.[15]This book should be a lot of paper and ink. The key is, the book pricing power is often not in the hands of the hands, and in the press. Fourth, the most important is, buy Mr. Zhang's "criminal law" (article4Version), if you can understand the book, other criminal textbooks basically do not need to read.[16]Buy a top a lot of the Swiss Army knife, you know, this is the textbook of criminal law field "Swiss Army Knife".[17]Therefore, the criminal law (article4Version of the price is not too high).

I'm afraid China criminal law is the law of the most prosperous "law" field.[18]Now the lack of criminal law teaching.Why to choose the teacher's book? Facing such question, let me mention.

Shallow view, I think, there are so few:First, the book is enough big, belongs to the criminal law textbook in big. From the system point of view, this book includes an introduction (Chapter1-15Page) and four series, four series are compiled based on the criminal law (the first19-84Page), second series of crime (article87-442Page), and third (the legal consequences of445-572Page) and fourth on each crime (article575-1132Page). In the second series of crime as an example, is divided into six chapters, according to the book scheduling order, respectively is the fourth chapter, the fifth chapter of crime of illegal elements, the sixth chapter, the seventh chapter of criminal liability of the special form of common crime, the eighth chapter, the ninth chapter of crime number. Relative to the high horse, horse (Wu Da),[19]Wang (NPC), Su (Hua Zheng), two (North), Yang Chen (North), Zhao (Beijing Normal University), where (method), music (method), Ruan (method), Chen (Major), Jia (northwest), Qi (South), Liu (southeast) the new version, Professor of criminal law textbook, teacher's book is probably the maximum length of.[20]The book is great, I think mainly because is the discussion of the issues, not large but impractical "". This is not a problem.

Second, the independent writing, not for the occasion. The criminal law textbook, often popular main preparation, an editor with two or three vice editor in chief, and more than a dozen contributors, each produced two or three chapters, together to become a criminal law textbook. The reason together, because although these authors also tend to have a mentoring relationship, but because you have independent thinking and his own views, and not necessarily a editor or associate editor will. So, the editor of book chapters are often in some content there is that each word, even contradictory. Moreover, as soon as the years, some writers title, position is rising, another portal, open stove, revision may not ignore the original textbooks. So, although these materials with the amendment of criminal law, judicial interpretation of the variable changes, but little change in other literature. Although also reprinted to version third, No.4Even the fifth edition version, version sixth, but compared with the first edition, there seems to be no substantial change what. Unlike in the past, in recent years, new textbooks published in criminal law, in addition to Zhang's "criminal law" the teaching material, many scholars tried to write their own textbooks, such as the aforementioned Chen (North), music (method), Ruan (method), written materials, personal independence, is the present is also represent the general trend. The classic textbook published in Germany, Japan and other countries criminal law, not the independent writing (unless the original author age, find another successor co authored), thinking so as to reflect the consistent with coherence. I think, what is the traditional, this is the traditional, hold no long time, there is no traditional.[21]Hold no long time, there is no school.[22]

Third, the content of difficult, not easy to read. Teacher Zhang's works is difficult as everyone knows. His paper, mostly in more than ten pages, tens of thousands of words; Zhang book, is more difficult to understand. In this regard, I have the experience deeply. In recent years, when holding a thick book of criminal law students complained to me about his book is too hard, I know the teacher's book is difficult to understand, but still enlighten them, encourage them, "because of the good, because use, so they have difficulty; those who will see the textbook, not we're too smart, but the book had no what use," "don't exaggerate the difficulty, this book is not too difficult, it should be said is a bit difficult," "do not be afraid of difficult, crustily skin of head, see a few times is not difficult," "people of Tsinghua students can read, you to admit that worse than they do", etc.. However, when these students reflect on these issues to the college and school leadership, "scholar faced soldiers", I also have no way. This is not, this is not the use of his book. A pity. Strongly recommend my students to read his book, learning more.

ZhangThe teacher's book is difficult to understand, is a reason. For example,First, Mr Zhang book draws heavily on the German scholars, the Japanese scholar's viewpoint, but is the new point of view. In the general part as an example, the book of Luo Kexin is the general criminal law reference2006Edition; the book of Otsuka Hito is the general criminal law reference2008No.4Version; the book of Nishida Norino is the general criminal law reference2010No.2Version; the book of general criminal law reference pass thickness is2007No.2Version; the book of Maeda Masahide is the general criminal law reference2006No.4Version; the book of Ootani Mi is the general criminal law reference2009A new version of the year3Version. These views we often never seen. In addition, a large number of reference to the criminal law of Taiwan scholars such as Lin Dongmao, Cai Shengwei, Huang Rongjian and other point of view, these scholars often have a background of German law, the view is not very good.Second, Zhang book analyzed very logical and philosophical. Although we have many years of "Mao", "Ma Zhe" and education, but the philosophy foundation is not necessarily how, even read the teacher Chen "philosophy of criminal law", but far less than the Li Ruihuan, "study the philosophy, with the philosophy of" level; as for the theory of logic, not to mention the,[23]Many people including me, write, in addition to the arguments and conclusions, intermediate argumentation processes are in a complete mess. Simply put, a striker Zhang Gong arrow, arrow went out, and finally into the target, but otherwise is hit other people's target, or don't know how to shoot at her.Third, Mr. Zhang's book has a lot of new point of view, these views are not consistent with the traditional "pass".[24]In criminal law pandect part as an example, the heart must always have a natural law, interpretation of criminal law text to pursue justice conscience (Zhang Mingkai: "criminal law" (article4Edition), publishing house of law2011Year edition, No.14Page, the following abbreviation); the life of the law lies not only in logic, but also in life (article15Page); the function of criminal law is the protection of the interests of the law and human rights protection, regulation function basically just legal reflection function (26Page); a strict interpretation of the criminal law is just a means of interpretation of criminal law should follow the principle of legality (article37Page); is in doubt, the principle applies only to the facts, does not apply to legal doubt (article37Page); objective interpretation is not necessarily a specific method of interpretation, it is an explanation or interpretation of the rules (direction43Page); in addition to the basic principles of the legal principle of crime and punishment, criminal law expressly, basic principles of protection of the interests of the law and the principle of responsibility is the criminal law (49Criminal law article page)3The front end is not positive legal principle of crime and punishment (article53Page and the following syllogism); inversion does not violate the principle of legality (article65Page); the traditional theory holds that the crime constitute the four elements, Zhang put forward two stratum theory (97Page and below); the traditional doctrine advocated subjective illegitimacy theory, Zhang advocate objective illegitimacy theory, and the result has no value (111Page and below); the elements of traditional theory is divided into elements and modify the basic elements, Zhang made specific analysis (119And the following pages); some scholars claim that the Open Constitution of crime, has attracted many scholars pursued, Mr. Zhang has carried on the analysis and refutation of meticulous (120Page and below); the traditional theory of constitution without careful distinction of sentencing rules and aggravating, Mr. Zhang had in-depth discussions (121Page and below);[25]To explore the essential factors constitute a standard, make up for the deficiency of the traditional theory (123Page and below);[26]In the field of criminal law was first put forward by the unwritten elements, elements of the theory of surface, and in the criminal law theory part pointed out many times that specific crime in the unwritten and surface elements (elements125Page and below);[27]In the proposed evaluation factors in the circles of criminal law (the whole127Page and below);[28]Take the lead in the constitutions and the relation of illegality is analyzed (129Page and below);[29]To explore the negative identity and suspected identity problem (137And the following pages); cognizance of practice, traditional theories to form standard, Zhang put substantial judging standards (146Page and below); for the crime of omission substantive law obligations are discussed (148And the following page); put forward in the framework of responsibility under the cognizance and punishment aggregated consequential offense, with "direct connection" between the basic crime and aggravated consequence, behavior person at least negligence on the aggravated consequence (169Page and below);[30]The causal relationship and the objective imputation is discussed (175Page and below); on the defense, defense, defense, accidental chance hedging are explored deeply, and to explore a forced emergency (191And the following pages); conducted in-depth exploration of essential factors (a known problem238And the following pages); first proposed in the field of the criminal law "Objective exceeding factors" theory (241Page and below);[31]On the relationship between intentional and negligent conduct in-depth exploration (258Page and below); the negligence to intentionally the transformation are discussed. (273Page); to sever the result crime and shortening of the crime are explored (two275Page and below);[32]-And so on. These views have been proposed, some are written before the paper or book, this revision added; others did not mention before, this is the first episode. Because before the acceptance of the traditional view, formed the thinking or "pre understanding", to accept new ideas, but also may be difficult.

Fourth, case and case number of rich, thorough analysis. Said the first case, these cases, some are occurred in china,[33]Some are in a foreign country but with reference to our country,[34]ZhangThe teacher will be arranged into these cases, find out the key point which, as explained by the theory of. Besides setting examples, these cases, is often the teacher own imagination, but this kind of imagination is not out of, these cases are not "castles in the air", but according to his understanding of the law, legal theory and careful observation of life. In fact, many cases eventually found can be confirmed case in practice,[35]The prospective of criminal law theory, to play a guiding role of theory of criminal law judicial practice.

Fifth, to abandon the parochial prejudice, magnanimous mind and other scholars of the academic debate. In this book, in addition to a discussion with the traditional academic, Mr. Zhang also and Tsinghua law school Zhou, Li teachers, colleagues, and Peking University Teacher Chen of academic discussion. Academic Sheng need academic criticism, academic dispute,[36]This is Mr. Zhang repeatedly.[37]These arguments, from the introduction part, mainly displays in: the four elements and the two class argument; the result has no value without value argument with two yuan; concept of debate and substantive interpretation of criminal law, the formal interpretation of criminal law. For example, Mr Zhang insists consequence without value,[38]WeekThe teacher insists the dualism of conduct without value;[39]ZhangThe teacher insisted substantive interpretation of view,[40]ChenThe teacher explained to form view.[41]Wait. For this public criticism and counter criticism, many people not obviously fit. On the one hand, can not be calm in the face of criticism; on the other hand, lack the ability to counter criticism to criticism.

Sixth, Zhang book, a plurality of judicial interpretation of some suggestion. Now our country has entered the judicial interpretation of the generalization of the stage, seemed to leave the judicial interpretation, the judicial practice is unable to work; the judicial interpretation has become a "two high" control the court, procuratorate system and law school, law, enhance the effective tool of their authority. But, in addition to the judicial interpretation system and operational disadvantages, some specific judicial interpretation also exists a variety of problems. For example, the "high" 2001Years4Month9Day"The relevant provisions concerning the handling of production, several issues concerning the specific application of the law in criminal cases to explain the sale of fake and shoddy merchandise" put forward the discussion; the "high" and the General Administration of Customs 2002Years7Month8Day"For the law applicable to a number of criminal cases of smuggling opinions" article6The present discussion of the Supreme People's court 2000Years9Month8Day"On hearing the counterfeit currency case concrete application law interpretation of several issues" the discussion of the Supreme People's court 2010Years12Month13Day"Several issues about the specific application of law in the trial of criminal cases of illegal fund-raising interpretation" presents discussion;-. I think, "two high" high, heavy responsibility in shoulder, usually with little complaint, judgment task, since want to exercise the power of judicial interpretation, it should take the judicial interpretations formulated more carefully, precise, simple, a little better. Moreover, in the face of criticism, the judicial organs shall learn to "catch put greatly small".[42]Let be an easy job to pick out Zhang judicial interpretation problems, puts forward some opinions, is small; the problems of judicial interpretation bungle (right) China's judicial practice, effect of the construction of a harmonious society, is the.

It will be difficult, I think we should find the reasons from their own, this is the solution. As Comrade Zhu Rongji said, "dare to speak the truth, tell the truth". Only speak the truth, tell the truth, it is the problem, to find the crux of the problem, efforts to find a solution, and finally solve the problem. I think, there are at least two reasons: on the one hand, is our foundation is not solid; on the other hand, because we are accustomed to easy to learn something, or do not want to use their brains. In my case, think that year, University, teaching material is the textbook of criminal law Teacher He "("1997Edition), which says "the crime constitution system theory", but how also couldn't understand Teacher He have several years effort created this theory system.[43]Later, then buy the criminal law book high teacher, received four elements system; near the university graduation, saw his book in the bookstore (1997Year edition, two volumes), such a toss about, the brain is a mess. In fact, think, materials listed above for criminal law, actually not difficult to. How easy or difficult, is found in the comparison of. Have a look the von teacher, teacher Liu, Li the teacher they translate Japanese scholar's book, compared with domestic materials, more difficult. Think, Japanese students is how to get through. Criminal law criminal law books have a look book again, teacher Wang's translation of Luo Kexin's teacher Xu's translation of Yesek's. Imagine, German college students is how to survive. Why people can persist, we will not adhere to?

The "criminal law" article4Version and the old version what different? This question I thought, but not consider carefully, also does not make detailed statistics. In simple terms, there are several aspects: first, from the system point of view, general provisions of criminal law of scheduling system, is very different from the third version, adjusted for the "criminal law theory -- Crime -- Discussion on the legal consequence".[44]This is the need to pay attention to. Furthermore, the criminal system directly to "the fifth chapter Illegal elements "and" the sixth chapter Liability ", the illegal elements are discussed in the constituent elements of a compliance (fifth: Second) and ground for elimination of misfeasance (fifth: Third), which specifically includes main body, object, behavior, result and causation element, the illegal group but causes include self-defense, emergency hedge and other illegal obstructed; the liability discuss liability compliance and impediment of responsibility, the responsibility elements include intentional, negligence, objective and motivation, impediment of responsibility includes the ability, lack of responsibility lack the possibility of illegal knowledge and lack of anticipated possibility. This also with the third version is different. Second, criminal law theory research step part are also variable. In the crime of intentional injury case,[45]The discussion as follows: (a) the concept and legal interests of the crime of intentional injury; (two) the crime of intentional injury crime;1, elements of the content for the bodily harm (1Others object is) behavior (body2) behavior content for the bodily harm (3) damage behavior must be illegal;2, form of liability for intentional; (three) the crime of intentional injury patterns; (four) the number of crimes of the crime of intentional injury; (five) the relevant boundaries of the crime of intentional injury;1Intentional injury limits, and beaten;2Boundaries with minor injuries, injuries;3The boundaries, the crime of intentional injury and crime of intentional homicide;4Intentional injury related death, and death caused by negligence crime;5The relationship between the crime of intentional injury, damage and contains content other crimes; (six) the crime of intentional injury;1, attempted injury statutory sentence selection;2, "by especially cruel means that lead to serious injuries cause serious disability" cognizance. Third, relatively speaking, the reduction of crime and non crime, this crime and that crime and other content introduction. Mainly because, this discussion about the very empty, often the lack of legal basis, distorted elements, theoretical and practical significance is not big, should pay attention to the correct interpretation of the various elements of crime, the proper use of the imaginative joinder of offenses theory.[46]Fourth, some views are changed, for example, Mr. Zhang in the third version seems to agree that the new negligence theory, in Chapter4Edition advocate correction (the old negligence theory263Page); in the third edition advocate part of common crime, in the4Edition advocate behavior in common "(No.358Page). Fifth, obviously is, after the third edition published, criminal judicial interpretation of the NPC Standing Committee, the new amendments to the criminal law and the "two high" issued, all in the4A version of.

Three, asked him what so clear, as has the springhead

Zhang MingkaiEach version of the teacher's teaching in the science of criminal law, why popular? In my personal observation, simple, mainly because there are the following:

First, be consistent from beginning to end of the stick of consequence without value standpoints. Mr. Zhang is the earlier of the introduction and advocating the theory law scholars, the theory of law also has experienced the accused, to gradually accepted, now under the universal pursuit of the stage. Associated with the theory of legal interest, is the teacher to be consistent from beginning to end of consequence without value standpoints. Can say, Mr. Zhang is the representative theory of value no character home, the "criminal law" (article4Version) is a classic work of consequence without value. Since an academic standpoints remains constant, even if some of the views will be adjusted slightly, still can that stands out as Pyramid, let a person produce a sense of trust. As always adhere to the results without value standpoints, bound to various problems in this field one by one to crack, becoming a master in the field of winners.[47]

Second, adhere to the judicial centrism and essence of the concept of interpretation of criminal law. The current criminal law, judicial interpretations of the crazy times, also the legislation out of time. However, since the "criminal law" article2Version, stands explained Zhang has been pursuing judicial centrism advocated by the criminal law, the interpretation of criminal law instead of criminal legislation for the judicial practice requirements. "Not the interpretation of criminal law have not developed the science of criminal law." "A country's criminal law is backward, the main reason is no explanation of criminal law." "Application of the criminal law, the interpretation of criminal law is more important than the philosophy of criminal law." After many years, his words are still said of a great teacher. Today, Mr. Zhang is still advocated: "the theory of criminal law should be placed in the center of the interpretation of criminal law, criminal law and not criticism." "The focus is on the interpretation of criminal law, rather than the theory of legislation."[48]

The interpretation of criminal law should adhere to the concept of substance or the concept of interpretation of criminal law the formal interpretation of criminal law, Zhang from the theory of legal interest, class criminal theory system, our country's criminal law and judicial practice, adhere to the essence of the concept of interpretation of criminal law, the concept of interpretation of criminal law.[49]Not only to meet the great need of judicial practice and theory of criminal law, the rapid access to domestic judicial practice support. I think, Mr. Zhang's theory is obtained after the strong support of the departments of practice, turned to and in theoretical circles to occupy the peak of.[50]Now, I think, Mr. Zhang's "Zhang's criminal law" has been in the theory circle and practice department in the "control theory", "the majority" position, therefore, we should put the previous criminal law theory called "the traditional doctrine".

Third, adhere to integrate the thinking of system thinking and problem. As with cement, sand and reinforced, not necessarily many-storied buildings from the ground. To support the huge criminal law textbook system, system thinking requires accurate, system. In this system, one is the logic of the system, the external form, on the other hand is the inner essence, value system. Since China is a written law country, the penal code has written textbooks, design of criminal law is generally follow the penal code style layout, the external system is often not a problem. The principle of legality constraints, win support among the people and the protection of human rights concept, value system of textbook of criminal law didn't seem to be the problem. In fact.

In the general provisions of criminal law, the most important is the system of crime theory system design. Four elements system is obviously difficult to support the protection of human rights and interests protection banner, difficult in the four elements of construction of law doctrine based on exact science, so it is unable to meet the needs of all kinds of criminal cases in the transformation of society. Therefore, introduction of Germany, Japan's class criminal theory system needs. Unlike Mr Chen, Zhang chose to illegality and responsibility as the pillar of the two class system of criminal theory, and carried on the detailed argumentation. Now, the theory has become the only able to shake the traditional criminal theory system, and replace the traditional criminal theory system design system will largely. "Criminal law" (article4Version) is the adoption of such a two class system.

Pay attention to the design of hierarchy, does not mean ignoring the other. For example, accomplice is the touchstone class system, the error theory is also in constant test class system performance. Mr. Zhang in the complicity theory this chapter various problems of the comprehensive discussion, form the principal and the accomplice close theory.

Not only that, as mentioned earlier, either in part or in the theory part, Mr. Zhang has set up a large number of cases and cases, discuss. Such a strong problem consciousness and academic atmosphere, an impressive.

Fourth, adhere to the international perspective, to solve the problem in judicial practice China attitude. In the "criminal law" (article4Version), citing research Zhang Germany, Japanese criminal law scholars latest. Ideas such as Germany, Luo Kexin Yesek, the Japanese criminal law scholars of consequence without value representative of the Hirano Ryuichi, Nishida Norino, Maeda Masahide, Yamaguchi Atsu, Saeki Hitoshi, conduct without value representative of Dleto Shigehikaru, the Big Valley real, Otsuka Hito, Ida Ryo, view. For not too easy to read the original, the original people, this is a rapid access to knowledge "shortcut to high office". As with Germany, Japan first-class scholars, have a conversation with one exile law Master opportunities, although this opportunity is indirect. However, there is No. Furthermore, we can also know the "capitalist" criminal law is roughly what happened.[51]See their criminal law, general will know in the next fifty years China punishment law "where to go to the".

In the face of all sorts of questions, "what is your contribution"? In my opinion, Miss Zhang is not a "modern" scholar,[52]In the "criminal law" (article4Version), I am still eyeful of Chinese problem haunted. Some overseas scholars and even the Taiwan scholars, but in order to solve the problem, Chinese analysis better, as China judicial practice. Therefore, Zhang not only point of discussion with Professor these foreign major suit, and discussion with China's criminal law scholars, even some opinions on judicial explanations have been put forward. Of course, these discussion, some are purely academic, and is combined with the specific case or cases, ability makes theory is a response to the practice of.

"The interpreter does not mind a blank, eyes constantly shuttling back and forth between the law text and Chinese dictionary; and shall forever in the hearts full of justice, eyes constantly shuttling back and forth between criminal law and fact of life."[53]"Asked him what so clear, as has the springhead." In my humble opinion, Zhang's criminal law, is an established philosophy of criminal law and Chinese social life on the basis of the accurate interpretation of criminal law which is based on, and will continue to receive legal the generally recognized.

I wish to my this piece of the work, will I personally to "criminal law" (article4Version) is very shallow understanding, as a stepping stone to colleagues to read this book. Because of the extremely limited capacity, coupled with self 9Month13DayThe book has been busy reading, but today has not yet been fully read, let alone to read, it is the "of". If the you help, will be honored; if run counter to one's desire, please criticism,[54]Would be grateful. Of course, the most direct way is to read the original novel, and, with my "I wish you a pleasant journey of reading" blessing.