Remedies To The Defects Of The Systematic Thinking Of Criminal Law

Thinking of Criminal law discuss penal theoretical research, criminal legislation,criminal justice, as well as the main subjects of the internal ways of thinking, involvingtheoretical construction, legislation, interpretation, legal demonstration,, and many otherareas. What criminal theory upheld is systematic thinking. Systematic thinking has greatfunctions, but there are great defects. Given the abstract nature of this issue, this system ofa crime selected Criminal Law and the cornerstone of the core areas to study, a typical andrepresentative. We will take the criminal theory as an example to explore the thinking ofcriminal law.To uphold and improve the Systematic thinking, the academia has successively putforward the issue of thinking, such as, questionable thinking, open system of criminaltheory, multivariate criminal theory. However, the feasibility of these remedial measures,compared with the system of thinking, need to start on one by one. It should be stated thatthe length constraints, the discussion in this paper only in the theoretical study of criminaltheory.This paper is divided into seven parts, each part of the discussion as follows:Part one deals with the defects of the system of criminal theory. First, defines thesystem of thinking in particular the "system", the system can be divided into externalsystems and internal system, the system discussed here is limited to the former system ofthinking. Secondly, the system of criminal theory is the most typical representative ofsystematic thinking. Finally, discuss the main flaws specific system of crime theory.Part two, exploration to the substitution of questionable thinking for systematicthinking. First, the problem of the origin of thinking was discussed, the study revealed itssubject, the relationship between the non-conceptual thinking. Secondly, explores on thelegislation, judicial, academic research, law education and other issues Third, discuss thefunctions and defects of questionable thinking. Finally, explores the relationship betweenthe systematic thinking and questionable thinking.Part Three, Exploration to the construction of the criminal theory with principles and regulations. In this part, first of all discuss the legal regulations and its flaws, followed bydiscussion of legal principles and functions. Finally, analyses the basic principles ofcriminal law.Part four, Exploration to an open system of a criminal theory. In this part, thecomposition of open system of criminal theory is discussed. Second, explores the opennessof the exclusion of criminality of act-noncriminalization of constitution of crime. Finally,comments on the above views.Part five, Exploration to the construction of the multivariate criminal theory. Based ondifferent philosophy background in particular values and methodology, academic circlesexplore the multivariate criminal theory. In this part, the views were analyzed and then myopinion was put forward.Part six, Exploration to the construction of criminal theory with type. Based on thetype theory of Larenz, Kaufman, Hassemer, the construction of criminal theory with typewas discussed.First, defines the type thinking. Second, relation between type thinking andconceptual thinking was analyzed. Third, the performance of type and the legal type wasexplored. Fourth, the method of construction of criminal theory with type was discussed.Finally, evaluate the type and the type thinking assessment, pointing out that the functionof the type of thinking and its defects.Part seven, the choice of mode of thinking of criminal theory. Based on the analysisof criminal theory, the mission of the criminal law scholars was put forward. Namely: First,emphases from systematic thinking to questionable thinking. Second, we should adhere toa comprehensive way of thinking.In china, the development of criminal law has entered an important historical periodof opportunity, and construction and deconstruction of criminal theory system has becomeone important mission of the contemporay scholars. First, only studies the ultimate goal ofthe construction of the criminal theory system and explores its internal mechanism, can wefind a broad road to construct the system. Second, commonly speaking, the integrated wayof thinking is the best. Third, the system of criminal theory can not only concerned withtheoretical construction. But also concentrate on the relation between legislation and the criminal theory system, the relation between judicial and the criminal theory system．...