The relationship between criminology and criminal law: implications for developing Chinese criminology

Chinese criminology has seen steady but modest growth over the past four decades. A significant hurdle is the unclear relationship between criminology and criminal law, with some viewing criminology as a subfield of criminal law and others as a separate social science. This ambiguity hinders collaboration and the overall development of the field. This paper argues that progress in one field can greatly benefit from the other. To strengthen this collaboration, the paper first examines the historical trajectory of Chinese criminology, followed by a thorough analysis of the distinct activities and intricate relationship between criminology and criminal law in both China and Western democracies. The analysis will highlight the significant influence of criminology on the development of criminal law in the West, contrasting it with the limited development of Chinese criminology. Finally, three recommendations for the growth and development of Chinese criminology will be proposed.

The paper draws upon a broad range of literature, including works on the history of criminology in both China and the West, studies comparing criminology and criminal law in different jurisdictions, and research on the development of Chinese criminology. The authors cite works by Beccaria, Packer, Braithwaite, and others to illustrate the historical development and theoretical underpinnings of the two disciplines. They also refer to various Chinese scholars and their contributions to understanding the unique relationship between criminology and criminal law within the Chinese context. The review emphasizes the lack of clarity surrounding this relationship as a key factor hindering the growth of Chinese criminology.

This paper employs a qualitative research methodology, primarily based on a critical review of existing literature. The authors trace the historical development of criminology and criminal law in both China and the West, analyzing the evolution of their relationship over time. This historical analysis is complemented by a comparative examination of the methodologies, research orientations, and key concepts used in both fields. The authors identify significant overlaps and distinctions, drawing examples from Western legal systems to illustrate the profound impact of criminology on the development of criminal law. This comparative analysis forms the basis for the paper's concluding recommendations for developing Chinese criminology.

The paper's key findings highlight the significant differences between the relationship between criminology and criminal law in the West and China. In Western countries, both disciplines have evolved into distinct and independent fields, with clear boundaries, while in China, criminology remains largely subsumed under criminal law. The paper notes that while there has been some growth in Chinese criminology in recent decades, particularly since the end of the Cultural Revolution, its development has been significantly slower than in Western countries. This slow growth is attributed to several factors: * **Limited theoretical and empirical research:** The number of criminological publications in China is substantially lower than in Western countries, and existing research often lacks a strong theoretical foundation and sufficient empirical grounding. Challenges include a lack of statistical and evaluation training among researchers, limited access to reliable data, and insufficient understanding of the criminological paradigm. * **Limited societal support:** The lack of official recognition of criminology as an independent discipline leads to reduced funding from government agencies and other institutions. This is exacerbated by the fact that research funding, academic platforms, and course offerings in Chinese higher education institutions are heavily influenced by government priorities, and criminology is not yet among those prioritised. The paper demonstrates the substantial impact of criminology on the development of criminal law in the West, encompassing theoretical innovation, the application of empirical methods, the transformation of the idea of punishment (shifting from a purely retributive to a more rehabilitative approach), and the establishment of evidence-based criminal policies. These points highlight how a well-developed and independent criminology field can greatly enhance the effectiveness and fairness of criminal justice systems. The contrasting situation in China underscores the limitations imposed by the lack of a clearly defined and supported criminology discipline.

The findings highlight the need for a more robust and independent criminology field in China. The lack of a clear disciplinary distinction and inadequate collaboration between criminology and criminal law have significantly hindered the development of criminology in China. This is in stark contrast to the Western experience, where the close relationship between the two disciplines has been mutually beneficial. The paper's analysis reveals how the limited theoretical and empirical research in Chinese criminology has been shaped by the lack of societal support and the overall subordination of the discipline to criminal law. Recognizing and addressing these issues are critical to fostering a more dynamic and effective criminological research environment in China.

The paper concludes that developing Chinese criminology requires a multifaceted approach. Firstly, it's crucial to strengthen the disciplinary distinction between criminology and criminal law, aiming for formal recognition of criminology as an independent academic discipline. Secondly, enhancing academic collaboration between the two disciplines is essential, with mutual exchange of knowledge and methods. Finally, fostering the adoption of Western analytical thinking, while still grounding it in traditional Chinese perspectives on crime, can help establish a more scientific and empirically robust Chinese criminology. This development would contribute significantly to improving China's criminal justice system and promoting both crime control and the rule of law.

The paper primarily relies on a literature review, and further empirical research would be beneficial to explore the specific challenges and opportunities for developing Chinese criminology in greater depth. The authors acknowledge the complexity of the political and social factors influencing the field's development in China, and a more in-depth analysis of these factors could provide a more nuanced understanding of the issues.