Author(s)

Chen Xuanchi

Corresponding Author

Chen Xuanchi

ABSTRACT

In recent years, there has been a voice in the academic circles that has questioned the theory of Chinese criminal law. Some criminal law scholars believe that the theory of criminal constitution in Chinese criminal law needs to be "completely cleaned up"; the Chinese criminal law system needs to be taught according to German and Japanese criminal law, and the three-tiered crime theory system "removed and rebuilt". How do you view the constitutional criticism of crime? How to correctly evaluate the current Chinese criminal law system and the traditional criminal law theory? This paper combines personal thinking and these issues to provide reference.

KEYWORDS

Criminal constitution theory, rationality, criminal law