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The basic principles of criminal law refer to the norms that are explicitly stipulated in the criminal law and should be followed in all criminal legislation and judicial activities.
The principle of legality of crimes:
Article 3 of the Criminal Law stipulates the principle of legality of crimes: "Where the law expressly stipulates that it is a criminal act, it shall be convicted and punished in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. "The basic content of it is:
1) Legalization, i.e. the offence and punishment must be specified in advance by the law. (2) Clarification, that is, specific provisions must be made on what acts are crimes and the legal consequences of crimes, and they must be clearly expressed in words. (3) Rationalization, that is, the principle of legality requires that the scope of the crime and the degree of punishment be reasonably determined, to prevent the abuse of punishment, and to prohibit the use of excessive and cruel punishment.
The principle of equality is applied in criminal law:
It means that all persons, regardless of their social status, ethnicity, race, sex, occupation, religious beliefs, or property status, are dealt with equally in accordance with the provisions of the criminal law in terms of the criteria for conviction and sentencing, and that no discrimination or preferential treatment is allowed.
The principle of proportionality of punishment and responsibility:
The principle of proportionality of crime and punishment is also known as the doctrine of equivalence of crime and punishment or the principle of proportionality of crime and punishment. The principle of proportionality of criminal responsibility and punishment stipulated in the Criminal Law has two aspects: (1) The severity of the punishment is commensurate with the objective criminal act and its harmful results, that is, the severity of the punishment is determined according to the actual degree of harm caused by the criminal act to society.
2) The severity of the punishment is commensurate with the degree of the offender's subjective malice and the risk of recidivism.
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The basic principles of criminal law include:1. The principle of legality of crimes;
2. The principle of equality before the law;
3. The principle of proportionality of crime and punishment;
4. The latest adaptation refers to the severity of the punishment;
5. Shall be related to the crime committed by the criminal;
6. The criminal responsibility borne is commensurate.
Legal basis: 1. Where Article 3 of the Criminal Law of the People's Republic of China clearly stipulates that it is a criminal act, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
2. Article 4 of the Criminal Law of the People's Republic of China applies the law equally to all persons who commit crimes. No one is allowed to have privileges beyond the law.
3. The severity of the punishment provided for in Article 5 of the Criminal Law of the People's Republic of China shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.
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The basic principles stipulated in China's Criminal Law are: 1. The principle of legality of crimes; 2. The principle of equality before criminal law; 3. The principle of proportionality of crime and punishment; Only those who are clearly provided for in the Criminal Law may be convicted of criminal acts, and shall not be convicted of crimes that do not fall within the criminal law and shall apply to any person.
In addition, the punishment imposed is more proportional to the crime committed, and must not be unreasonably increased or commuted.
[Legal basis].Article 3 of the Criminal Law of the People's Republic of China provides that it is a criminal act, where it is clearly provided for by law, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 4 of the Penal Code applies the law equally to all persons who commit crimes. No one is allowed to have privileges beyond the law.
Article 5 of the Criminal Law shall be commensurate with the crimes committed and the criminal responsibilities borne by the criminals.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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The basic principles of criminal law refer to the norms that are expressly provided for in the criminal law and should be followed in all criminal legislation and judicial activities
The first is the principle of legality of crimes, the basic meaning of which is that no crime is not committed unless the law expressly stipulates it, and no punishment is imposed unless the law expressly stipulates it. This principle stipulates Article 3 of China's Criminal Law: If the law expressly stipulates that it is a crime, it shall be convicted and punished in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
The second is the principle of equality before the law, which means that all persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law. The principle that the legitimate rights and interests of all persons must be equally protected and that no discrimination of any kind is allowed is enshrined in article 4 of the Penal Code.
The third is the principle of proportionality of criminal responsibility and punishment, which means that the severity of the punishment should be commensurate with the severity of the crime, which is stipulated in Article 5 of the Criminal Law: The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.
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The basic principles of China's Criminal Law are clearly stipulated in Articles 3, 4 and 5 (see Figure 2 below for specific provisions).
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The basic principles of national criminal law include the following:
1. The principle of legality of crimes;
2. The principle of equality before the law;
3. The principle of proportionality of crime and punishment;
4. The latest adaptation refers to the severity of the punishment;
5. Shall be related to the crime committed by the criminal;
6. The criminal responsibility borne is commensurate. The law recognizes and protects citizens as equals in the enjoyment of rights and obligations, and does not allow anyone to have privileges above the law.
Criminal Law of the People's Republic of China
Article 3. Where the law clearly stipulates that it is a crime, it is convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 6.
Territorial Jurisdiction] This Law shall apply to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law.
This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China.
Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China.
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