한·중 형법학상의 범죄론 비교연구
(A) Comparative study of criminology in Korean and Chinese criminal jurisprudenc
형법 범죄론 범죄비교 법학;
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A comparative study of the two nations' criminology is concerned with the exploration of homogeneous and heterogeneous aspects between the continents and the socialism. History has it that the two nations have exchanged a lot including the law area. Yet, the two nations stopped exchanging due to the different modern political systems. Since the year of 1992, the normalization of the two nations has made exchanges in various fields active. Although a few days have passed since the two nations stopped exchanges, huge changes have been made. The changes have caused the two nations to develop distinctly different theory systems on the basis of different ideologies. In this context, this study is designed to work on the homogeneous and heterogeneous factors of the two nations' criminology. This will hopefully contribute to exchanges between the two nations and to a better understanding between the two. Futhermore, it is necessary to lay a foundation for the creation and operation of the justice system which can be commonly used in Asia. This study shows that there are a lot of homogeneous and heterogeneous factors between the two nations and that both of them can make reference to each other's justice system. In particular, the two nations highlights the principle of legality, contributing to the establishment of more democratic and legality system. But the necessity of constant efforts is beyond question. On the other hand, there are some problems to be addressed and theoretic limits to be solved. Criminal law deals ultimately with crimes and all the arguments of criminology should focus on the solution of crimes, or an integrative means of solving the problems of crimes. That is, the adoption of one theory system of a crime should not be based on narrow-mindedness but on open-mindedness.