Social Sciences in China (Chinese Edition)

No. 8, 2025

The Systematicness and Appropriateness of China’s Criminal Law Theory

(Abstract)

Zhou Guangquan

A systematic criminal law theory provides an integrated framework for resolving complex legal issues such as attempted crimes and complicity. It helps foster judicial consensus in difficult cases, strengthens legal stability, and advances the goal of protecting human rights. However, the opposite of the formalization and extremes of the system is the lack of responsiveness. In areas such as determining result attribution, clarifying the legal interests protected in property crimes, and distinguishing between attempts and impossible crimes, theoretical appropriateness must be evaluated in light of the policy objective of protecting legal interests. Achieving this appropriateness requires a strong attentiveness to practical challenges in judicial work and to public perceptions of criminal law. At the same time, the pursuit of theoretical appropriateness has its limits: it must be constrained by constitutional principles such as legality and proportionality in punishment. Any so-called form of appropriateness that conflicts with the foundational stance of criminal law or undermines legal certainty should not be endorsed.