The current research paradigm in Chinese criminal jurisprudence primarily revolves around"comparative research",and most domestic criminal law scholars have invariably adopted a student-like posture in introducing foreign theoretical discourse,making it difficult for local theoretical discourse to go global.In the process of building an independent knowledge system of criminal jurisprudence,China needs to gradually extricate itself from dependence on foreign theories and establish indigenous,authoritative,and explanatory criminal law theories using its own vocabulary and materials.As an important carrier of criminal jurisprudence theories,textbooks of criminal jurisprudence mark the completeness and autonomy of a country's criminal law theory.This paper takes textbooks from the implementation of the Criminal Law in 1979 to the present as the observation object,and employs the Delphi method to examine the theoretical patterns of Chinese scholarship in different historical development stages.It is found that there are still two major issues within the knowledge system of Chinese criminal jurisprudence.Firstly,the production and creation of the knowledge system of Chinese criminal jurisprudence are still limited to the path of transplantation and reference,and have not demonstrated sufficient autonomy.Secondly,it has yet to diverge from the academic path of treating the ideologies and systems of the former Soviet Union,Germany,Japan,Britain,and the United States as the standard.Although some scholars have reflected on this process,a"self-centered"value orientation has not yet taken shape.Furthermore,this paper proposes to construct an independent knowledge system of Chinese criminal jurisprudence from four aspects.First,we must return to the subject consciousness and promote the actual development of Chinese society and the construction of the rule of law,with the ultimate goal of solving practical problems in China.We must focus on building a legal discourse system with Chinese characteristics and promote the localization of legal knowledge.Second,based on the China's national conditions,we should delve into judicial practice,extracting universal and representative issues from vivid cases.The research outcomes should provide guidance for judicial practice,solve practical problems,and promote the improvement and development of the legal system.Third,while maintaining openness to the outside world,we should actively absorb and integrate advanced concepts and practical experiences of legal studies from various countries around the world,and construct a common legal system that has both Chinese characteristics and is in line with international standards.Fourth,we should construct a self-consistent independent knowledge system and develop classic textbooks.This requires the close integration of these efforts with China's specific reality and excellent traditional culture on the basis of critical reference,to form a criminal law knowledge system with Chinese characteristics.We should focus on the needs of China's national conditions and judicial practice,innovate the existing knowledge system mainly characterized by transplantation,and construct a theoretical framework closely connected with China's judicial practice,thus providing a solid theoretical foundation for China's legal construction and legal education,and also contributing Chinese wisdom to global legal research.
TextbooksCriminal jurisprudenceIndependent knowledge systemLocalization of knowledge
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