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Gao Mingxuan: The founder of criminal law who never changed his original intention


       For Mr. Gao Mingxuan, an honorary first-class professor at Renmin University of China and a leading criminal law scholar, the past 2019 can be said to be a year of harvest. On the occasion of the 70th anniversary of the founding of New China, he won the honorary title of "People's Educator." At this point, he has almost become a "Grand Slam" player in the field of education. He is my country's first doctoral supervisor majoring in criminal law, a national outstanding teacher, and a national advanced individual in moral ethics.

       However, as a scholar, all these achievements will become a thing of the past once they are achieved. He is still active in the front line of criminal law and will speak out and interpret every major event, even if he is over 90 years old. On January 3 this year, Li Ning, a professor at China Agricultural University, was sentenced to 12 years in prison for corruption. Lao Gao immediately wrote a long article."The Li Ning Case has important guiding significance for anti-corruption in the fields of science and technology and education" appeared in the newspapers, explaining the criminal law significance behind the case one by one and explaining it in simple terms.

       Lao Gao's hometown is in Yuhuan County, Zhejiang Province. After graduating from middle school, he was admitted to the Law School of Zhejiang University. At that time, he was still in the midst of war. He thought: Judicial work is still relatively noble. Judicial work safeguards fairness and justice, resolves disputes and protects tranquility for the people. If there is no judicial work and all crimes are crimes, can society be peaceful?

      Two years later, New China was founded. He transferred from Zhejiang University to Peking University and continued to complete his law studies. After graduating from college, he was very interested in Marxist theory, so he applied for Renmin University of China to pursue a postgraduate study in law. Since then, his research at Renmin University has lasted for nearly 70 years. After 70 years, he still remembers the first time he reported to the National People's Congress. "I reported at No. 1 Tiesizi Hutong. I remember it was behind the first floor of the main building, where the Criminal Law Teaching and Research Section worked temporarily." In this way, from green hair to white hair, my original intention remained unchanged.

      These 70 years of research can be divided into two parts. One is the teaching and educating people. Gao Mingxuan not only teaches undergraduate students, but also teaches graduate students. He has successively offered courses on Soviet criminal law, China criminal law, general theory of criminal law, various theories of criminal law, foreign criminal law, criminal policy and criminal legislation."No matter how busy social activities are, I always insist on being on the front line of teaching. I think teaching is a sacred duty of teachers." Lao Gao recalled this. He also created a set of teaching methods of "three strictness, four abilities and five combinations". "The three strictness are strict requirements, strict management, and strict training. The fourth ability is to cultivate students 'reading ability, research ability, translation ability, and writing ability. The five combinations are the combination of learning and scientific research, theory and practice, comprehensive mastery and key points. Combination, combination of studying China and learning from foreign countries, and combination of personal research and group discussion." This set of teaching methods also varies from person to person. As the personality characteristics of students continue to increase and decrease, the world is filled with talents and plums.

      The other one is the research part of criminal law. Lao Gao witnessed the entire process of criminal law construction in New China. "I participated in the drafting of criminal law immediately after graduation, and participated in the drafting of the 1979 Criminal Code and the revision of the 1997 Criminal Code from beginning to end. I participated in many discussions and consultations on the formulation of criminal judicial interpretations by the highest judicial organs in China." The hard work involved cannot be measured."In the legislative process, I can't remember how many legislative opinions and suggestions I have put forward, how many reference materials I have collected and collated, and how many times I have drafted, revised and improved every criminal law article." Gao Mingxuan told reporters. After the reform and opening up, people's lives have been changing with each passing day, and the law also needs to shed new ideas. He began a new battle. Whether it is the revision of the original law, the drafting of the new Criminal Law, or the induction and creation of the General Provisions of Criminal Law, Gao Mingxuan has always been active in the front line of legislative work.



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北京师范大学刑事法律科学研究院