Title: On the Basic Standpoint of the New Criminal Law——Argument With Professor Zhang Ming-kai
Abstract: Subjectivism is embodied in the old criminal law,and objectivism is also reflected in the new criminal law obviously. However,the grounds of argument which support the conclusions that the old criminal law is in favor of subjectivism and the new one gives preferential treatment to objectivism are not convincing. When the standpoint of the new criminal law is explained as favor of objectivism,the embodiments of subjectivism which are equally conspicuous should not be neglected. Only when we attach importance to subjectivism in earnest and understand the subjectivism trend in the criminal law,can we discard the negative elements of the subjectivism in a better way and continue to lean to objectivism smoothly.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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