On The Objective Tendency Of The Making Of Criminal Law

In the western Civil System, the criminal law theory is basically proceeds along with two paths , which One is the objective way, the other is the subjective way. Followed with the launching of construction of law′s rule,the educational world has gradually enlarged to introduce and study the criminal law theory of the Civil System. Along with it, the objectivism and subjectivism and their relation has already been a hot spot in the fundamental research .This article points out the consulted places in the legislation for our criminal law from the experiences of the countries of the Civil System, taking the objectivism as the object of research, analyzing the circumstances in the reformed advancement in our country, and inquiring about the conjunction places to the productive backgrounds of objectivism.Except the introduction and the conclusion, this text is elaborated which is divided into five parts:The first part:The brief analysis of the objectivism and its the opposite basic argument. This part elaborates the basic argument advocated and performs to contrast with the subjectivism in the theory of human nature, the appraisal object of criminal law, the theory of culpability and the goal of penal.The second part:the brief analysis of the eclecticism based on the objectivism. This part elaborates the basic characteristics and the production realistic roots of the eclecticism based on the objectivism.The third part:The sources of the production of the objectivism. This part elaborates the backgrounds of the production of the objectivism so that we deeply understand it,which inquires from the four aspects, namely: the development of commodity economy and the reset of social structure; the thoughts of Natural law and the revival of the rationalism; the logical methods of rationalism being in vogue; the strategic orientation of governing criminal offenses.The fourth part:The analysis of the inevitability of taking the objectivism as legi slative idea in criminal law. This part elaborates the reality basis of the objective tendency of the legislation in criminal law, which discusses from three aspects, namely: the development of market economy; the shaping of residential society; the establish ment of "Humanist" political idea.The fifth part:The analysis of the objective tendency of the making of criminal law in China. This part elaborates the characteristics of the objective tendency in the present Penal Code. At first, gives the brief evaluation to the old Penal Code. Second ly, we mainly analyzes the present Penal Code .Furthermore, we point out and evaluate the objectivism tendency. Finally, puts forward to the legislative proposal on enforcing the tendency.