The Subjectivism Of The Criminal Law

The subjectivism is one of the two most influential schools in modern times , which fights will-free theory , enters behavior person , insists on society responsibility theory and intention penalty theory . Subjectivism has great meanings and values for the development of criminal law of the world , as an important thought in the developing history of the criminal law .Comparing with objectivism , they have many differences in lots of questions because of opposite theoretical basis . However , from the comparison , it is not difficult to find out that subjectivism and objectivism all have advantages and disadvantages . In order to apply the two schools better , some researchers submit eclecticism , but the eclecticism does not have an integrated system , there are still different views in many fields.In our country , there is a enthusiastic discussion about the two schools and the relationship between the schools and the criminal law of our country . We have different emphases in different times , combing the criminal legislation of our country . Actually , we can use the experiences of the subjectivism , which plays not substitute role for prospering the development of our country's criminal law .The paper introduces subjectivism and compares with objectivism , and touches upon eclecticism combing our country's criminal law . The paper includes followed six parts except for introduction and ending .The first part , the background of subjectivism emergence . This part analyze the social source of the subjectivism emergence .The second part , the theoretical basis of subjectivism . This part analyze subjectivism insists on positivism in methodology , discuss the emergence of the positivism and influence on the criminal law . In the concept of nation and value , subjectivism insists on society standard . This article introduces the emergence of society standard and its influence on the criminal law .The third part , the main content of subjectivism . In the part , writer discusses determinism , behavior person theory , society responsibility theory and intention penalty theory .The fourth part , comparison between subjectivism and objectivism . This part first compare the history background , theoretical basis and main content of the schools . Second , discuss different views of subjectivism and objectivism in criminology and penology .The fifth part , advocacy of the eclecticism . This part comment on subjectivism and objectivism , summarize the theoretical basis and main content of the eclecticism . The sixth part , eclecticism and our country criminal law legislation . This part analyze our criminal law in 1979 emphasis on subjectivism , in 1997 emphasis on objectivism . The writer also discusses the tendency of eclecticism and our country criminal law legislation .