Study On The Choice Of The Theoretical System Of Quantity Of Offence In China's Criminal Law

Chinese traditional criminal culture has not come into being the theory of quantity of offence,Although there was a simple concept of the quantity of offence in the Western Zhou Dynasty and the history of the feudal criminal law had lasted for thousands of years.Theory of quantity of offence in Japan began to enter the perspective of China's criminal law Since the reform of the legislative system in the late Qing Dynasty.It has reached considerable developed level In the Republic of China.Due to the influence of Soviet criminal law knowledge,the development of theory of quantity of offence was dormant After the founding of the People's Republic of China.Theory of quantity of offence in Japan was gradually introduced to China In the mid and late 1980 s.Since then,although the sinicization of theory of quantity of offence in Japan has begun more than thirty years old,the theory system of Chinese-style,which is a trinity of legislation,theory,and practice,is rigorous in system,and has a well-defined and well-coordinated among the concept of system,has not yet formed.In recent years,Germany's theory of concurrence gradually gains popularity in China's criminal jurisprudence,because of the theoretical advantage of simple but powerful practical function.Due to the reality that our system is increasingly bloated and the practical function is not powerful enough,some scholars strongly advocated the complete abandonment of Chinese traditional theory system of quantity of offence and accepted Germany's theory of concurrence.However,others scholars believe that the traditional theory of quantity of crimes should be properly repaired so that it can better serve our country's judicial practice;The view that the system of theory of quantity of crimes in China should be disintegrated come into being.Under the current situation of severe transformation of criminal law knowledge,where should the theoretical system of criminal number in China go? This is a criminal law proposition that needs to be solved urgently.This article is divided into four parts in the main text so that Explore this proposition:the first part,mainly explores " theory of quantity of offence" in the history of our country and studies its appearance,development,and changes.Then analyze the institutional basis of this historical evolution and the logical behind it,and try to grasp the current trend of the theoretical system of crimes through historical changes and their existing laws.The second part is the overall study and comprehensive reflection on the status quo of China's crime number theory system.In both macroscopic and microscopic perspectives,we conducted an in-depth study of the theoretical dilemma and the causes of the Chinese traditional theory of quantity of offence,laying a foundation for the study of the way out of our dilemma of the theory of quantity of offence.The third part,exploring the state of existence on theory of quantity of offence of china from the perspective of the legislative practice and the judicial practice.Through this investigation,we have achieved a deep understanding of the situation of the two aspects of the legislative theory and judicial theory of China's theory of quantity of offence.In the fourth part,through the analysis of the relations between Germany and Japan related theory,combined with the research results of the first three parts,we get the ideal trend that is suitable for China's theory of quantity of offence?...