Research on"Corpus delicti"——Dual Perspectives of Academic History and Linguistics
Concept of"corpus delicti"has two independent development lines in Civil law system.The one originates from the Latin word"corpus delicti"and the German word"Tatbestand".The other originates from the French word"élément constitutifs".The two development lines have intersected four times.The spread of criminal law knowledge from many countries in China has caused translation changes and meaning changes in"sostav prestupleniq"(from Russian)and"corpus delicti"in Chinese criminal law.Based on the arbitrariness of symbols,the commonness of"False Friends"in linguistics,the creativity of language and the initiative of the importing country,there is a reasonable basis for the meaning changes of"corpus delicti"among different languages.Chinese traditional theory has nothing to do with misreading of Feuerbach's theory or the"Soviet-Russianization"of German system.The concept of"corpus delicti"has been inherited from the past,while the theory of"sostau prestupleniq"has blossomed.Chinese criminal law should explore the complete historical context of civil law criminal law,respect the locality of concepts and ways of thinking,and accept the diversity of theories.
sostav prestupleniqcorpus delictiarbitrariness of symbolscreativity of language
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