Whether the word should in the context of the criminal law means that the criminal law must be enfor

It should be an obligatory provision and must be implemented.

Well, it means that it is necessary.

1. The meaning of "must": the legal provisions with "must" are obligatory norms in legal norms, and they stipulate a kind of responsibility. The legislator takes into account all circumstances in the enactment of the law, and there are no exceptions or exceptions, and all must be implemented.

The meaning of "shall": The meaning of "shall" in legal norms is relatively complex, and it is difficult to express it with the concept of rights and obligations. Although "shall" in Chinese law is very similar to "must", compared with "must", it is a principled provision, or a general requirement.

It is therefore permissible to have a certain degree of flexibility in execution, and to allow for the existence of exceptions and exceptions. The idea of confusing "should" with "must" is incorrect.

Therefore, the "shall" in criminal law is not "must" be enforced.

2. The main differences between the two are:

First, the degree is different. "Must" is unconditional, that is, regardless of the subject's will, the subject must be objectively required to carry out a certain act and achieve a certain result, so "must" is an unconditional obligatory legal norm (i.e., a strong obligation). "Should", on the other hand, is a principled provision or general requirement, thus allowing for a certain degree of flexibility in implementation, as well as exceptions and special circumstances (weak obligations).

Second, the nature is different. The legal norm in the form of "must" is an objective inevitability, and it cannot be left to the discretion and subjective choice of the actor, so this orientation is objectively realistic and exclusive. The legal norms in the form of "shall" show that the legislator's orientation is guiding and conforms to the value standards demanded by the legislator.

Third, the legal consequences are different. "Must" is an unconditional obligation norm (strong obligation), which must be enforced in all cases, without any excuse or excuse, and must be implemented in accordance with the requirements of the norm, and once violated, it must be sanctioned. "Should" is a conditional obligation norm (weak obligation) and therefore generally has no corresponding legal consequences.

Among the following circumstances, China's criminal law has retroactive effect (aThe law at the time considered it a crime, but the criminal law did not; d.Both the law and the criminal law at that time considered it a crime, but the law at that time imposed a heavier penalty than the criminal law). FYI.

Multiple choice question: In the following circumstances, the retroactive effect of China's criminal law is ( ) A is considered by the law at the time to be D

Legal Analysis: The system of conditional non-enforcement of the original criminal law is called a suspended sentence in the criminal law.

Legal basis: Criminal Law of the People's Republic of China Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

Answer] :d Essence] According to the provisions of the Criminal Law, if a Chinese citizen commits a crime stipulated in the Criminal Law of China outside the territory of China, in principle, he has jurisdiction; China's criminal law has no jurisdiction over foreigners who are stupid and have a difference in China's country, or if a Chinese citizen commits a crime that is punished by China's criminal law with a maximum penalty of less than 3 years imprisonment; The criminal liability of aliens enjoying diplomatic privileges and immunities shall be resolved through diplomatic channels. So item C is correct and item D is wrong.

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