This paper discusses the principles of criminal law and the main principles of conviction and senten

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Specific conviction criteria for the crime of intentional injury to a group: Where more than minor injuries are constituted, it shall be convicted as the crime of intentional injury. Sentencing Standards:

where minor injuries are constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where serious injury is constituted, a sentence of between three and ten years imprisonment is to be given; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Criminal Law of the People's Republic of China

Article 3. If the law 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.

Criminal Law of the People's Republic of China

Article 5. The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.

The Tang Law stipulates that: "Those who are judged to be guilty and do not shout are shouting and shouting, and those who should be guilty of the crime shall be lifted lightly; Those who deserve to be guilty of the crime shall be punished with lesser punishment." Regarding the principle of analogy in the Tang Dynasty, the principle of analogy in the Lower Tang Dynasty reflects the development of legislative technology at that time.

The principle of punishment in Tang law - the principle of analogy.

Analysis] "Tang Law O Name Routine Law" stipulates:"Those who are judged and have no righteous rules, and who should be guilty, are to be punished with a heavy weight; Those who should be convicted of the crime will be punished with a light and heavy weight. "That is, for similar cases that are not expressly provided for in the law, where the punishment should be commuted, the provisions on the punishment for serious crimes shall be enumerated, and the minor cases shall be resolved by comparison; For crimes that deserve aggravated punishment, the provisions on the punishment of misdemeanors are enumerated and the serious cases are resolved by comparison.

If the law is discussed, it is said, ** Respect the relatives and behead; However, there is no provision for the felony of wounding and killing, and when dealing with cases of homicide and wounding of relatives, it can be seen by analogy that the penalty of beheading should be imposed. For example, if a person breaks into a house in the middle of the night, the master kills the intruder in self-defense, regardless of the crime. There is no provision for causing injury, but it is not guilty of killing or injuring.

The perfection of the principle of analogy in the Tang Dynasty reflected the development of legislative technology at that time.

1.Five punishments in Tang Law. The Tang Dynasty adopted the five punishments established in the Sui "Kaihuang Law", namely flogging, rod, imprisonment, exile, and death, as the basic statutory punishment, and its specific specifications were slightly different from the "Kaihuang Law".

2.The principle of punishment in Tang Law:

1) The principle of distinguishing between public and private crimes.

Tang Law stipulates that public crimes should be lenient and private crimes should be severe. The so-called public crime refers to "a person who commits a crime due to official affairs and is selfless", that is, in the performance of official duties, some mistakes or mistakes are caused by official relationships, rather than committing crimes for the purpose of pursuing private interests. There are two types of so-called private crimes:

One refers to "a person who commits a crime without committing an official business", that is, the crime committed is not related to official business, such as theft, forcible *, etc. The other refers to the crime of "involving Aqu despite official business", that is, taking advantage of one's power and bending the law for personal gain. At the time of the application of the officer, a distinction should also be made between public and private crimes, and those who commit public crimes may be sentenced to an additional year's imprisonment.

The main purpose of Tang Law to distinguish between public crimes and private crimes is to protect the enthusiasm of officials at all levels in performing official duties and exercising their powers, so as to improve the efficiency of the country's governance. At the same time, it is necessary to prevent certain officials from abusing their power for personal gain under the guise of public affairs and abusing their power for personal gain, so as to ensure the unity of the legal system.

2) The principle of voluntary surrender.

First, it is necessary to strictly distinguish between voluntary surrender and rehabilitation. In the Tang Dynasty, those who were able to go to the government to confess their crimes because they had not been reported were called voluntary surrender. However, those who surrendered after the crime was exposed or found to have fled by the government were called rehabilitated in the Tang Dynasty.

The Tang Dynasty adopted the principle of mitigating criminal punishment for self-rehabilitation. The second is to stipulate that serious crimes such as rebellion or crimes that cause irreparable serious harmful consequences cannot be surrendered. Third, it stipulates that those who surrender themselves can be exempted from crime, but the stolen goods must be repaid in full in accordance with the law.

Fourth, incomplete surrender is called "untruthful surrender," and incomplete explanation of the circumstances of the crime is called "incomplete surrender." As for the part that is truthfully confessed, it will not be pursued.

In addition, the Tang Law stipulates that if a misdemeanor has been committed, it can be the first felony and exempted from the felony; Whoever is able to turn himself in after being questioned for his sins, he shall be spared the remaining sins.

3) The principle of analogy.

The Tang Law and the Law of Famous Cases stipulates: "If there is no righteousness in the judgment of the crime, and the person who should be guilty of the crime, he shall be weighted to show the lightness; Those who deserve to be guilty of the crime shall be punished with lesser punishment." That is, for similar cases that are not expressly provided for in the law, where the punishment should be commuted, the provisions on the punishment for serious crimes shall be enumerated, and the minor cases shall be resolved by comparison;

For crimes that deserve aggravated punishment, the provisions on the punishment of misdemeanors are enumerated and the serious cases are resolved by comparison.

4) The principle of turning outsiders into outsiders.

The Tang Law stipulates that: "All outsiders and those who commit crimes against each other in the same kind shall follow their own laws; Those who commit crimes of different kinds shall be judged by law. That is, foreign nationals of the same nationality who commit crimes in China will be dealt with by the Tang Dynasty in accordance with the laws of their respective countries, and the principle of personalism will be implemented, and those who commit crimes in China by foreign nationals of different nationalities will be punished according to the Tang law, and the principle of territorialism will be implemented.