Reflection and Outlet of the Debate on the View of Criminal Law Legislation

The differences between the positive and negative views of criminal law legislation are not as big as imagined, and they have much in common on the basis of argument and demonstration results. The reason why their contradictions are so prominent is that, on the surface, the two sides have misunderstood of each other’s viewpoints and argurments, which deviate from the essence of the issue and lack of objective evaluation standards, but the deep reason is that the two sides have different standpoints of criminal law. The key to resolve this problem is to get out of the binary opposite thinking mode of “either-or” and seek the integration of the two viewpoints of criminal law. This is not only the inevitable requirement for the integration of the criminal school from controversy, but also the realistic need for the construction of criminal rule of law in China under the background of the new era. Specifically, it is necessary to focus on the empirical basis of criminal law legislation and regulate the public participation in criminal law legislation with the guidance of holistic thinking of social governance.