COMPARATIVE JURISPRUDENCE IN THE FIELD OF CRIMINAL LAW

Vestnik of the Russian University of Cooperation Pub Date : 2021-10-10 DOI:10.52623/2227-4383-3-45-24

A. Kuznetsov

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Abstract

The article examines the role and significance of the method of comparative jurisprudence in criminal law research, notes its object, as well as the specifics of the knowledge obtained as a result of its application. The correlation of the method of comparative jurisprudence in criminal law with other legal branches of law is carried out: with the theory of state and law, the history of law, international criminal law, criminology, penal enforcement law, legal statistics. Their interdependence and conditionality are established, the effectiveness and relevance of the method of comparative law are determined. It is concluded that the method of comparative jurisprudence in criminal law allows us to obtain a generalized scientific product about the main laws of the development of national and foreign criminal law, about the relationships with other branches of law and legal disciplines; to distinguish one branch of knowledge from another; to consider legal categories, institutions and norms in their historical formation and development; to identify new results for the transition from the known to the unknown, using the scientific tools developed by the general theory of law.

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刑法领域的比较法学

本文考察了比较法学方法在刑法研究中的作用和意义，指出了比较法学方法的对象，以及应用比较法学方法所获得的知识的具体特点。将刑法中比较法学的方法与其他法律分支进行关联:与国家与法律理论、法律史、国际刑法、犯罪学、刑事执行法、法律统计学。确立了二者的相互依存性和条理性，确定了比较法方法的有效性和相关性。本文认为，刑法的比较法学方法使我们能够对国内外刑法发展的主要规律、与其他法律分支和法律学科的关系等方面获得一个概括性的科学成果;区分:将知识的一个分支与另一个分支区分开来;考虑法律类别、制度和规范的历史形成和发展;利用一般法律理论发展的科学工具，为从已知到未知的过渡确定新的结果。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Vestnik of the Russian University of Cooperation

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