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Gao Mingxuan, a famous jurist: How can I like criminal law?
About the author: Gao Mingxuan, honorary president of the Institute of Criminal Law Science of Beijing Normal University, doctoral supervisor, honorary first-class professor of the Law School of Renmin University of China, member of the National Education Examination Steering Committee, honorary member of china law society Academic Committee, honorary president of china law society Criminal Law Research Association, honorary vice chairman of the International Criminal Law Association and honorary chairman of China Branch. Gao Mingxuan is a famous contemporary jurist and legal educator in China, the main founder and pioneer of the new China criminal law, and the pioneer of the study of international criminal law in China.

This article was originally published in the first series of Jurist Teahouse.

I have been engaged in the teaching and research of criminal law for more than half a century, but I have never written how I like this subject.

It's a long story When I was in primary school in my hometown (Xiandie Village, Yuhuan County, Zhejiang Province), I heard that my father was an "official" in Shanghai. As for what kind of official he is, I don't know. Later, when I was a little older, I realized that he was a clerk in the local court of Shanghai Special Administrative Region. This incident has more or less imprinted on my mind, and I feel that I am a child of "Fa", which is naturally related to the word "Fa". Of course, I knew nothing about "law" at that time, but I was deeply touched: the court was like an ancient yamen, where a lawsuit was filed, and I had to go to court. Later, I went to Wenzhou to attend middle school. From junior high school to high school, I saw the signs hanging at the gate of the court, and I also saw the signs of many law firms. There are also some related reports in the newspaper, and my desire to go to school has formed. I am determined to enter the university in the future and apply for the law department.

1947 when I graduated from high school, I did it according to my own wishes. I applied for the law departments of three famous universities in the south, namely Zhejiang University, Fudan University and Wuhan University. Fortunately, I got in. Because my father was working in Hangzhou and was a judge (that is, a judge) in the Hangzhou District Court, I wanted to use my father's "light" to make it easier for me to find a job in the future and to make my life more convenient, so I chose the Law Department of Zhejiang University Law School to study.

At that time, the dean of Zhejiang University Law School was Li Haopei. Mr. Li is the dean of Wuhan University Law School hired by Mr. Zhu Kezhen, President of Zhejiang University. Mr. Li studied in Britain in his early years and is a famous expert in international law in China. Coincidentally, in the first school year after I entered school, it was Mr. Li who taught the General Principles of Criminal Law. According to Mr. Li, he didn't hire a professor of criminal law at that time, so he went into battle in person and talked about this criminal law course all his life. Teacher Li's lecture was detailed, clear and beautifully expressed, which gave me a strong shock and aroused my great interest. I have admired him very much, and I am even more in awe at this time. Of all the classes, what I like best is the criminal law class taught by Teacher Li. The object of criminal law is clear, the system is complete, the content is vivid, the logic is strict, what you see and hear is very close to real life, and it sounds boring. So after listening to Mr. Li's course, I secretly made up my mind: study the criminal law course well. At that time, I vaguely realized that choosing a career in the future may be this aspect!

After I went to college, my father made it clear to me: "No matter what difficulties I have, I will definitely provide for you to graduate from college." As for whether you will study abroad or become a university professor after graduation, it's up to you. "This passage left an unforgettable impression on me. The first is to motivate me to finish my college studies. This strong desire is particularly evident in the following matter. Hangzhou was liberated in May 1949, and the Law School of Zhejiang University was revoked by the Cultural and Educational Office of the Provincial Military Commission at that time (probably related to the abolition of the old "Six Laws Complete Book"). Dean Li and our classmates said they couldn't understand it, but they were also very helpless. After receiving short-term training, the students participated in the people's cadre school held in the province at that time in order to engage in revolutionary work. But I insisted on finishing college. After the cancellation of Zhejiang University Law School, with the help of Professor Li Haopei, I tried my best to transfer to Peking University Law Department for further study. In Peking University after liberation, I received the education of revolutionary tradition, Marxist theory and law, among which I also listened to the criminal law class of Professor Cai Shuheng, a famous criminal scientist, and the criminal policy class of Professor Huang Jue, which further improved my interest in criminal law.

1950, Renmin university of China, the first new normal university in new China, was established, and a large number of Soviet experts were hired to teach. This is very attractive to me and fascinates me. 195 1 I graduated from Peking university in July, and when the leaders of the law department asked for the assignment of volunteers, I did not hesitate to go to the law department of Renmin University of China to study for graduate students in criminal law. The leader of the legal department satisfied my wish through research. In this way, from August 195 1, I was sent to the Law Department of Renmin University of China to study as a postgraduate in criminal law. During the two-year postgraduate study, I received professional education from four experts from the former Soviet Union: Beslova, Damaheng, Nicole Rayev and Koldin, and gained a more comprehensive, systematic and in-depth understanding of criminal law, and became more and more interested in research. This laid a solid foundation for my professional thinking. I have repeatedly pondered that I have formed an indissoluble bond with the criminal law, and I am afraid I can only eat this bowl of "rice" from now on. Sure enough, after I graduated from graduate school, I was kept in school to teach for 50 years. I changed from a young man to an old man, and I am still an "antique".

Looking back on my journey, I can summarize it in three sentences: first, my father's inculcation inspired me to finish my college studies, and I did not live up to his wishes; Second, Professor Li Haopei's lecture made me interested in criminal law and decided my life direction. Thirdly, the education of three universities (Zhejiang University, Peking University, and National People's Congress) has laid a professional foundation for me, and I never forget the kindness of my alma mater. As far as I am concerned, I am just stupid. I have been looking for criminal law, and I have been pursuing it persistently. My professional thinking never wavered from beginning to end. I don't want to be an official or do business, so I want to be a qualified professor. Ordinary people are not qualified to talk.