Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying int...Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying interpretive principles, frequently lack the necessary value judgment engagement and proficiency. Traditional criminal law interpretation is ensnared in a subjective-objective dichotomy, resulting in a misalignment with the aim of "legitimate and rational" interpretation practices in China. To rectify this, a philosophical shift is required to allow intersubjective value judgments while maintaining subjectivityobjectivity as the prerequisite. Criminal law interpretation ensures the completeness of value judgments through a combination of specialized knowledge and public discourse.This involves the creation of systematic criteria for value judgments and adherence to legal principles. The former necessitates defining the internal and external standards of value judgments, formulating rules for the resolution of conflicting standards, and underlining the practical importance of criminalization under law, or "no crime or punishment without law"(the principle that only the law can define a crime and prescribe a penalty) and "Where no law applies, it is permissible to redefine a crime as non-criminal or minor"(decriminalization).The latter involves three perspectives: logical reasoning and theoretical arguments;positive and negative judgments;and formal and substantive rationality. Moreover, it should be approached from four dimensions: normative orientation, individual case promotion, reverse exclusion, and constitutional guidance.展开更多
To study the relationship between the evolutions of Chinese Traditional Culture (CTC) and program organization, an outline of the CTC is generalized by reviewing literature, and which is also compartmentalized into ...To study the relationship between the evolutions of Chinese Traditional Culture (CTC) and program organization, an outline of the CTC is generalized by reviewing literature, and which is also compartmentalized into two aspects according to economic philosophy views: traditional philosophy aspect and value judgment. Based on three dimensions, which are the philosophy aspect (P), program organization model (P), and value judgment from economic philosophy views ( V), and this evolution sequence, the CTC's influence on the program organization model in the evolution is discussed; then the cultural spatial evolution model for program organization based on the three dimensions (PPV) is constructed. From analyzing the plane matrix of P-P and empirical investigating on the organizational model of construction enterprises, it is found that the ancient Chinese government organizational model still has prevailing influence on the modern program organizational model in China.展开更多
文摘Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying interpretive principles, frequently lack the necessary value judgment engagement and proficiency. Traditional criminal law interpretation is ensnared in a subjective-objective dichotomy, resulting in a misalignment with the aim of "legitimate and rational" interpretation practices in China. To rectify this, a philosophical shift is required to allow intersubjective value judgments while maintaining subjectivityobjectivity as the prerequisite. Criminal law interpretation ensures the completeness of value judgments through a combination of specialized knowledge and public discourse.This involves the creation of systematic criteria for value judgments and adherence to legal principles. The former necessitates defining the internal and external standards of value judgments, formulating rules for the resolution of conflicting standards, and underlining the practical importance of criminalization under law, or "no crime or punishment without law"(the principle that only the law can define a crime and prescribe a penalty) and "Where no law applies, it is permissible to redefine a crime as non-criminal or minor"(decriminalization).The latter involves three perspectives: logical reasoning and theoretical arguments;positive and negative judgments;and formal and substantive rationality. Moreover, it should be approached from four dimensions: normative orientation, individual case promotion, reverse exclusion, and constitutional guidance.
基金This paper is sponsored by National Social Science Foundation of China under Grant No.04XJY016.
文摘To study the relationship between the evolutions of Chinese Traditional Culture (CTC) and program organization, an outline of the CTC is generalized by reviewing literature, and which is also compartmentalized into two aspects according to economic philosophy views: traditional philosophy aspect and value judgment. Based on three dimensions, which are the philosophy aspect (P), program organization model (P), and value judgment from economic philosophy views ( V), and this evolution sequence, the CTC's influence on the program organization model in the evolution is discussed; then the cultural spatial evolution model for program organization based on the three dimensions (PPV) is constructed. From analyzing the plane matrix of P-P and empirical investigating on the organizational model of construction enterprises, it is found that the ancient Chinese government organizational model still has prevailing influence on the modern program organizational model in China.