| Criminal theory system is one of the core issues of criminal law theory. In China, the discussion on criminal theory system has been going on for a long period of time, and this argument is still going on. This phenomenon illustrates the importance of the study of the criminal theory system, although some scholars point out that the importance of the system can not be exaggerated. However, a relatively rational system is absolutely necessary to the studies in Chinese Criminal Law. We can see that the four elements style of the existing system of all-inclusive is not conducive to the deepening of the Criminal law research. is the formation of the present scale of criminal law theory in Civil law tradition lies in their use of the theoretical system of considerable openness, therefore, under the framework of such a system many different theories would be proposed. Scholars' holding different views of the discussion and heated debate between the academic researches is not the disadvantage; it contributes to the continuous in-depth academic research. However, the other hand, China's criminal law research, dues to the defects of four element system, there are nothing new theory in the past several decades proposed based on the framework of this system. We can learn from China's criminal law textbook that for a long period, the contents of the Criminal Law textbook remarks essentially have not changed and very little new academic insights was proposed. Thus, the existing theory of this super-stable system is not necessarily the best choice.Different legal systems follow their own traditions, which derived from a different crime problems on the system. Faced with different legal systems of criminal theory, we can not directly bring a comparative study. Before comparative studies carried out, we must ensure that the object is comparable; on this basis we can further define the points of comparison in order to expand the corresponding research work. In Chinese criminal law theory, comparative study of Criminal theory system has always been the focus of the study; however, do we accurately select the objects of comparison and fix the comparison point appropriately? In my opinion, our opinions on this issue are still rather vague.In the question of the object of comparison, the Chinese system and the Germany system in criminal theory belong to different theory form. In other words, the two systems are different in the nature and function. Faced with these problems, our scholars are often very confusing, and some scholars even do not consider these issues and directly compare the different systems. in order to construct a relatively rational system, we must consider these questions seriously.The criminal theory system in Civil law system is based on the criminal law doctrine. but this feature has not been recognized by our scholars. By means of comparative study we can find that the civil law system and the system in China is different: the former is closely integrated with the judicial practice, the latter is not. In Germany, the criminal theory system can be a "source of law" and become the basis for the legal referee. This difference is actually because of criminal law dogmatic background. By means of the research of the role of the criminal theory system, we can see that both the civil law system and common law system, the criminal theory system are aimed at the judicial practice, they are service for legitimate and reasonable judgments of criminal justice. So in order to re-build our country's criminal theory system, our work must based on the demand of criminal justice. |
