Evolution and Penetration of the Relationship Between Criminal Law Doctrine and Criminal Policy from the Perspective of Systematic Jurisprudence
The closure of the criminal law doctrinal system in terms of norms is the premise of the existence of criminal law,but also the premise of cognitive openness.Criminal law doctrinal system has a selection system of internal authoritative views,and the application of doctrinal methods is conducive to the development of legal professionals.It is necessary to clarify the bounda-ry between criminal law doctrine and criminal policy,and give play to the role of criminal policy as a supplement and reference to criminal law doctrinal system.The integration and penetration between criminal doctrine and criminal policy is the direction of the future development of criminal law.In order to better realize the integration and penetration of the two systems,it is necessary to exert the structural coupling function of the two systems,strengthen the communication between criminal doctrine and criminal policy,and realize the two-way cooperation between criminal doctrine and criminal policy,and complement each other through the system coupling function.
Luhmann System TheoryDogmatics of Criminal Lawcriminal policycognitively openspecification closed
万方数据
维普
