Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and t...Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.展开更多
In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including takin...In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.展开更多
Envisioning a well-ordered society composed of filial subjects who obeyed the law,avoided disputes,shunned religious heresy,paid their taxes,and peacefully engaged in agriculture,the Kangxi emperor’s“Sacred Edict of...Envisioning a well-ordered society composed of filial subjects who obeyed the law,avoided disputes,shunned religious heresy,paid their taxes,and peacefully engaged in agriculture,the Kangxi emperor’s“Sacred Edict of Sixteen Maxims”(圣谕十六条)has often been considered a declaration of the alien Qing dynasty's Confucian bonafides.While the rhetoric of the pronouncement echoed traditional moral values,the political acumen of the Qing rulers was readily apparent in the eighth maxim,“explain the laws to warn the ignorant and obstinate.”Melding moral and legal education,the eighth maxim specifically endorsed the efficacy of the law.The importance placed on legal knowledge was abundantly clear in one of the earliest commentaries,which explained all sixteen maxims with examples of applieablc legal guidelines.Thus,the“Sacred Edict”wfas a shrew d maneuver that endorsed traditional moral values,but it also foreshadowed a“legislative turn”in the Qing rule that was discernible in the evolving ethos of criminal justice.Despite the extensive efforts to propagate the“Sacred Edict,”violent crime was on the rise in the Kangxi.Yongzheng,and Qianlong reigns.When transformation through moral “teaching and cultivation”(jiaoyang 教养) failed to alleviate social conflict,Qing rulers reconsidered and revised the established practice of criminal justice and the existing concept of criminal behavior.By the end of the eighteenth century,the effort to stem the tide of violent crime relied less on ideological exhortation and more on legislation that articulated harsh punishments.This“legislative turn”in Qing criminal justice resulted in an aggressive policy of deterrence that facilitated the greater use of capital punishment.展开更多
基金a phased achievement of the Tianjin Philosophy and Social Science Planning Project“Systematic Study on the Justified Exoneration”(Project Number TJFXQN20-001)supported by the Fundamental Research Funds for the Central Universities“Research on Criminal Law Regulation of Family Offenses”(Project Number 63222047)。
文摘Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.
文摘In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.
文摘Envisioning a well-ordered society composed of filial subjects who obeyed the law,avoided disputes,shunned religious heresy,paid their taxes,and peacefully engaged in agriculture,the Kangxi emperor’s“Sacred Edict of Sixteen Maxims”(圣谕十六条)has often been considered a declaration of the alien Qing dynasty's Confucian bonafides.While the rhetoric of the pronouncement echoed traditional moral values,the political acumen of the Qing rulers was readily apparent in the eighth maxim,“explain the laws to warn the ignorant and obstinate.”Melding moral and legal education,the eighth maxim specifically endorsed the efficacy of the law.The importance placed on legal knowledge was abundantly clear in one of the earliest commentaries,which explained all sixteen maxims with examples of applieablc legal guidelines.Thus,the“Sacred Edict”wfas a shrew d maneuver that endorsed traditional moral values,but it also foreshadowed a“legislative turn”in the Qing rule that was discernible in the evolving ethos of criminal justice.Despite the extensive efforts to propagate the“Sacred Edict,”violent crime was on the rise in the Kangxi.Yongzheng,and Qianlong reigns.When transformation through moral “teaching and cultivation”(jiaoyang 教养) failed to alleviate social conflict,Qing rulers reconsidered and revised the established practice of criminal justice and the existing concept of criminal behavior.By the end of the eighteenth century,the effort to stem the tide of violent crime relied less on ideological exhortation and more on legislation that articulated harsh punishments.This“legislative turn”in Qing criminal justice resulted in an aggressive policy of deterrence that facilitated the greater use of capital punishment.
