关键词: 新派；旧派；主观主义；客观主义；犯罪论

Abstract: Newschool theory emerged in Europe in the second half of the nineteenth century， and its theoretical lineage is rooted in the long history of the development of ancient criminal law， which still has unique value in criminal law theory and practice today. The view that “the newschool theory has retired from the stage of history in the field of crime theory”is questionable， as the newschool theory has not retired from the stage of history either from the perspective of crime theory or penalty theory. In the historical process of the development of criminal law theory， the oldschool theory and the newschool theory were born one after another， and there were two typical clashes between the old and the new school theory， and after the second conflicts subsided， the synthesisist view of criminal law was formed. The newschool theory is still active in the contemporary arena and has a series of important appearances， including the appearance responding tosociety in today’s riskbased， democratized， informationbased， and postmodern societies， the appearance of legislation with the early involvement of criminal law， the increase of abstract dangerous offenders and symbolic legislation， and the appearance of theory of crime in the ten major theoretical areas of conduct， negligence， the subject of crime， the result of crime， causation， substantive illegality， the nature of responsibility， the capacity for responsibility， and the theory of complicity.

Key words: newschool theory; oldschool theory; subjectivism; objectivism; criminology