Gaze penetrating the fog

The first class was bland, almost dull. Teacher Zhao Xianqi's introduction was brief, almost formulaic, his speech steady and inflected, as he simply recited the course schedule. Standing at the podium, his gaze fixed on a nonexistent point at the back of the lecture hall, he completely forgot to turn the page on the slideshow. Only when the bell rang did he finally flip to page three.

Lin Xiaoning sat in the front row, looking at this middle-aged man in his fifties who looked a bit like her father. She couldn't help but doubt his teaching skills—no witty remarks, no dramatic stories, not even a spare expression. Yet, strangely, she clearly remembered several frequently mentioned terms: "The principle of legality of crime and punishment" and "prohibition of analogy." The statement, "Criminal law is the Magna Carta of good citizens as well as criminals," especially struck her like a hammer.

"Is the function of criminal law to protect criminals?" This subversive view made her ponder. Public power truly needs to be limited; it's the source of wrongful convictions. She thought back to her own experiences, those moments defined by labels, those moments judged by others. Perhaps the law should be a barrier protecting everyone from arbitrary treatment.

By the second class, the room was mostly empty, and the impetuous atmosphere had completely vanished. Teacher Zhao got straight to the point: "Please tell the students who weren't here: there will be no roll calls or exams in this course." He listed fifteen essay topics. "Submit a short essay of at least 3,000 words every two weeks. Your grade will be calculated based on the scores of all ten essays at the end of the semester. Essays with a plagiarism rate exceeding 30% will not be awarded."

"Form teams of three, as you wish," he added, and then began the day's class: "Today we'll discuss the two major criminal theory systems in criminal law: the 'four elements' theory originating from the Soviet Union and the 'three tiers' theory of the continental legal system."

His metaphor was simple but precise: "The 'four-element' system is like cooking a dish. If any ingredient is missing, it is not the dish. The 'three-tier system' is more like passing through three security checkpoints. If any link is missing, you cannot pass." The courseware still did not turn the page, but he talked eloquently, explaining the abstract theory vividly and thoroughly.

Lin Xiaoning, a science student majoring in chemistry, suddenly felt an urge to become a lawyer and "defend justice." This impulse came suddenly but strongly, like a ray of light shining into her confused university life.

During the break, a boy wearing glasses timidly walked up to Lin Xiaoning and her roommate Pangniu and said, "My name is Ye Yidonggang. I haven't formed a team yet. Can I join your group?" His eyes were sincere and expectant. Lin Xiaoning and Pangniu smiled at each other and readily agreed.

Over the weekend, the three of them worked together in the library. Lin Xiaoning took the initiative to choose three papers to write, of which she was most interested in the topic of analyzing the theoretical framework of criminal law. After consulting a large amount of information and repeatedly discussing and revising, she submitted her first assignment:

[…The four-element theory (crime object, objective aspect, subject, and subjective aspect) is more in line with our judicial tradition and thinking habits. It conducts a holistic and comprehensive analysis of crime from four dimensions. It is very comprehensive and relatively intuitive to operate. Its core is to determine whether the behavior has "serious social harm", which reflects the fundamental purpose of criminal law to protect social interests and national order. The "four-element" system is comprehensive, but this may be the problem. The four-element theory lacks a clear logical hierarchy, and the four elements are in a flat relationship of "one exists, all exist, and one does not exist, all do not exist." In practice, it is easy to first draw a substantive conclusion of guilt based on "social harm" and then piece together the elements, which can easily lead to "first judgment and then trial", laying hidden dangers for wrongful convictions.

The three-tiered theory (element of crime: appropriateness → illegality → culpability) proceeds in a progressive, step-by-step process. Like a sophisticated triple filter, it is more conducive to limiting the state's penal power and protecting human rights, and is a profound embodiment of the principle of legality. The three-tiered theory provides a smooth path to acquittal. Exculpatory factors (such as self-defense) and exculpatory factors (such as expectation) are natural components of the system. Unlike the four-element theory, self-defense and other factors are discussed separately from the crime system as "exclusionary criminal conduct," which seems somewhat abrupt and stilted in logic.

The three-tier theory originated in Germany and Japan. Its conceptual system and extreme pursuit of logical rigor may be too complex and abstract for our judicial practice, making it inefficient to implement. The four-element theory, with its relatively simple and clear structure, is easier for legal novices and judicial practitioners to understand and implement, facilitating quick judgments—a significant advantage for grassroots courts facing a large caseload. The "four-element" theory prioritizes efficiency, but fairness and accuracy should not be sacrificed for efficiency. The four-element concept of "object of crime"—the social relationship protected by criminal law and violated by criminal acts—is too abstract and vague. In judicial practice, the object of crime is often inferred from the object of the crime and the harmful consequences, which can sometimes be difficult to prove directly and may even become a political statement rather than a practical legal analysis tool.

The three-tier theory is not perfect. Its implementation is indeed relatively complex, placing higher demands on judges' legal literacy and logical thinking skills. Its full implementation may be difficult in regions with varying levels of judicial expertise. Furthermore, there are some doctrinal controversies within the three-tier system, such as whether intent falls under the tier of applicability or the tier of liability. This lack of theoretical consensus can lead to confusion in its study and application.

……】

A few days later, she received an email reply from Teacher Zhao:

Score: 7.5/10

Comments: Your analysis is in-depth and touches upon the essence of the theory. You perceptively point out the strengths and weaknesses of both systems. However, it is important to note that the key to theory lies not in arguing over which is superior but in leveraging its strengths to overcome its weaknesses and serve the fundamental goal of judicial justice. The paper's structure needs improvement; I suggest strengthening the logical connection between its various sections.

Special reminder: The legal proverb "no mens rea, no criminal" is particularly evident in the three-tier theory. I hope you will delve deeper into the crucial role of the subjective element in determining crime in your subsequent papers.

Looking forward to your next assignment.

Zhao Xianqi

Lin Xiaoning read this concise email several times. A score of 7.5—not too high, but full of encouragement. Every word in the comment was precious, especially the phrase "Looking forward to your next assignment," which gave her a long-awaited feeling of recognition.

She recalled Teacher Zhao in class: those eyes always looking off into the distance, that soul that seemed to inhabit another world. Such a seemingly isolated person, yet possessing such a profound understanding of criminal law theory.

On the way back to the dormitory, Lin Xiaoning couldn't help but ask Ye Yidonggang from the Law Department about Teacher Zhao's situation.

"I heard that Mr. Zhao used to be a famous lawyer and a doctor of law from Peking University..." Ye Yidong pushed his glasses. "I don't know why he returned to school to teach. Some say he was hurt by a case, while others say he saw through some inside story in the judicial system..."

This slightly mysterious story piqued Lin Xiaoning's curiosity about Teacher Zhao. Why would a once-renowned lawyer choose a secluded life teaching at a university? What stories and wisdom lay hidden behind his seemingly calm gaze?

That night, Lin Xiaoning stayed up late in the library preparing her second paper. She chose the topic "The Difficulty of Determining Subjective Intent in Criminal Constitutions." While reviewing a series of references, she kept thinking of Professor Zhao's comment: "Without criminal intent, there is no criminal."

This sentence was like a window, through which she glimpsed the most profound realms of criminal law theory: how to judge a person's inner state? How to infer subjective intent from outward behavior? These questions not only concern legal technology but also the understanding of human nature.

It was eleven o'clock in the evening, and the library was about to close. As Lin Xiaoning was packing her bag, she unexpectedly saw a familiar figure in the criminal law bookshelf. Teacher Zhao was concentrating on looking up something, his brow slightly furrowed, completely oblivious to the passage of time.

She hesitated whether to go forward and say hello, but ultimately chose to quietly leave. Some encounters require better timing.

Walking back to the dormitory, the night breeze caressing her cheeks, Lin Xiaoning felt a long-lost sense of peace and fulfillment. The world of criminal law had opened a new door for her. She had long forgotten Bai Jinyu and the stories others had told her. The scenery beyond this door was far more vast and profound than she had imagined.

The person who led her into this world was like a faint light, distant but enough to illuminate her path. She didn't know where this light would lead her, but she was willing to follow it and explore the unknown world of justice, humanity, and self-salvation.

Perhaps this is the answer she has been looking for - not by avoiding the past, but by facing it; not by forgetting the pain, but by understanding its root causes; not by being defined by others, but by learning how to define herself.

At that moment, Lin Xiaoning seemed to see a new path unfolding before him. At the end of the path stood the teacher, whose gaze was always looking into the distance, and the legal world he brought with him, full of rationality and warmth.