Based on both judicial practice and legal theory, this book examines the phenomenon of low acquittal rates in China from the perspective of substantive law and formulates the theory of substantive decriminalization.
In response to this pressing phenomenon, the author critically examines the prevailing tendency in the circle of criminal theory in China, which emphasizes criminalization over decriminalization and harm outcomes over behavioral process. The book attempts to think outside the box of procedural law, an approach that has yielded fruitful results but is limited in understanding decriminalization. Instead, it emphasizes the principle of substantive law, grounded in the modesty and restraint of criminal law and the protection of human rights. From the perspective of criminal class theory and criminal policy, the book proposes the theoretical framework of substantive decriminalization, which provides insight into the whole picture of the decriminalization mechanism of China’s civil law and also has great practical relevance to China’s criminal justice.
The title will be an important reference for scholars, students and legal professionals interested in the issue of decriminalization, legal theory and Chinese criminal law.
Introduction 1. Legal Basis of Substantive Decriminalization Theory: Modest-and-Restraint Principle of Criminal Law 2. Function of Substantive Decriminalization: Human Rights Protection 3. Impacts of Criminal Legislation on Legal Dogmatics: Based on the Substantive Decriminalization Theory 4. Intrinsic Basis of Legal Dogmatics of Decriminalization Theory: Concept of Crime 5. Non-Conformity of Constituent Elements: Decriminalization Interpretation of Constituent Elements 6. Illegal Decriminalization: From the Perspective of Elimination of Misfeasance 7. Decriminalization of Culpability: Analysis Based on the Relativity of Illegality 8. Decriminalization of Procedural Legitimacy: An Analysis Based on the Perspective of Criminal Integration 9. Judicial Conscience: The Path to Substantive Decriminalization beyond Legal Norms
Biography
Liu Yanhong is Professor at the School of Criminal Justice, China University of Political Science and Law. Her research focuses on criminal law, the integration of civil, administrative and criminal laws, supervision law, and big data and Internet law.
