The Nature of the Discipline of Jurisprudence and the Methodology of the Criminal law
The criminal law is part of sectoral law,and thus the nature of the discipline of criminal law depends on the nature of the discipline of jurisprudence.Jurisprudence as a discipline has a long history,and its nature and status in the humanities and social sciences have undergone a long process of evolution.There is currently a debate between the legal dogmatics research and the social science research of law in China,which are in fact only two facets of jurisprudence.Traditionally,the methodology of jurisprudence is based on the methodology of the civil law.However,the methodology of the criminal law has special characteristics different from the methodology of the civil law,which are mainly manifested in the constraints imposed by the principle of crime and punishment are legally binding on the methodology of the criminal law.Therefore,it is necessary to carry out a specialized study on the methodology of the criminal law.The methodology of criminal law can be developed from three aspects:thinking in criminal law,interpretation of criminal law and reasoning in criminal law,which are all differentiated and closely related,and should be typologized in a multilevel and multifaceted manner.
JurisprudenceNature of the DisciplineMethodology of the Criminal Law
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