A cross -disciplinary legal theory exploration- "Jurisprudence of Criminal and People’ s Related Cases "preface

□ Shen Satellite

It was already more than 20 years ago. At the end of the 1990s, I wrote a paper around the issue of civil priority. At that time, the domestic information about this field was scarce, and there were few researchers. However, soon after, I found that a author named Cai Fuhua even published a monograph "Research on Civil Priority" to conduct a panoramic research on the civil priority system, filling the gap in the field. After understanding, I learned that he has published several monographs in the field of civil and commercial law, published dozens of papers. In addition to surprise, he admired his keen academic observation, solid academic skills and the spirit of knowledge.

What is even more valuable is that in addition to busy practical work, Prosecutor Fuhua persisted academic research across many disciplines. Recently, he sent a new work "The Jurisprudence of the Criminal Cases" and invited me to preface. I was also a civicist. I was very happy about his high -quality academic achievements.

Criminals related to the criminals have always been the hotspots and difficulties in judicial practice, and it is an important theoretical topic of interdisciplinary. For a long time, it has been deeply involved in the field due to the influence of traditional thinking and solidification of discipline division of labor. From the perspective of scientific research subjects, it is basically the main scholars of criminal law, which makes the issue of criminal and civilians related cases that are difficult to peek at the academic prejudice and have a profound impact on the legislative process. If the legal behavior of civil law is legal, the criminal law does not have criminal violations; the property that is not protected in civil law, and the criminal law is not protected, etc. This is an inevitable requirement for the unity of law order. Then, the legal behavior in civil law and the property that is not protected in civil law should be defined by the civil law community. However, my country's criminal law legislation and revision laws are almost a clear criminal law scholar. Few civil law and administrative law scholars participate, and the communication and interaction between disciplines are lacking. Discipline classification is getting more and more detailed, although there are some scholarship, but there are also problems of higher and higher knowledge barriers between disciplines, and there are problems that they are unfamiliar with each other's thinking and discipline knowledge. Fuhua prosecutor has both deep civil law literacy and rich criminal judicial experience. This new work of this criminal and civilian affiliate case is precisely because he comprehensively uses civil law thinking and civil law principles to refine his masterpiece of criminal judicial experience, reflecting The deep thinking of a legal person.

This book carefully analyzes and demonstrates the cases of civil law thinking and the principles of civil law in the case of civil law and the deficiencies stipulated in criminal law in case handling. The rules are observed; the understanding and application of civil law of "illegal occupation" in property crimes; the damages of criminal recovery and order to the relief of the relief criminal victims are not comprehensive and the principle of civil law; The light shining everywhere and the principles of civil law and the principles of civil law reflects the dialogue and integration, exchanges and cooperation between criminal law and civil law. In particular, this book takes typical cases and difficult problems as the introduction, and uses the law theory as the method. It proposes many very visible new views and new rules. It provides a practical path and basis for the correct treatment of criminal and civilians. It is a rare good work.

Of course, some views in this book need to be further discussed, and some problems still have room for in -depth research. Perhaps this is another value of this book.

The ancients of the ancients were exquisitely diligently and played. For decades, Fuhua Prosecutor has maintained a consistent enthusiasm for academic thinking for decades, which makes people feel that a senior prosecutor's feelings and strong sense of responsibility for the country of rule of law. The mental state he showed in this academic work full of innovation and theoretical depth is worthy of our legal persons to learn and encourage them.

It is for preface.

(Editor's Note: The author is the dean, professor, doctoral supervisor of the Law School of Tsinghua University)

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