How to write about equality before the criminal law?

The law recognizes and protects citizens on an equal footing in the enjoyment of rights and obligations, and does not allow anyone to have privileges above the law.

The idea of equality before the law was put forward as early as the ancient Greek period, but as a basic principle of the legal system, it was put forward during the bourgeois revolution. The United States Declaration of Independence of 4 July 1776 and the French Declaration of the Rights of Man of 27 August 1789 refer to this principle. The establishment of this principle of the rule of law by the bourgeoisie is a denial of the privileges of the feudal class and a tremendous progress in the history of the development of human society.

However, bourgeois law is based on private ownership, and its so-called legal equality conceals the actual inequality of people's economic and social status. However, socialist law is built on the basis of public ownership, so China's constitution clearly stipulates the basic principle that "all citizens are equal before the law," which reflects and concentrates the will and interests of the broad masses of the people, and makes the masses of the people stand as the masters of the country, which determines that the masses of the people in our country are not only equal before the law in form, but also in fact.

Analysis of the law: All citizens of the People's Republic of China are equal before the law, which is the basic principle determined by the Constitution. The relevant law provides for equality in the application of the law to all persons who commit crimes.

No one is allowed to have privileges beyond the law. This is a concrete manifestation of the criminal law's response to constitutional principles, and it is also a requirement for judicial fairness.

Legal basis: Article 4 of the Criminal Law of the People's Republic of China provides that everyone is equal in the application of the criminal law, and all persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Article 4 of China's Criminal Law clearly stipulates:"No one shall be equal in the application of the law for any offence. No one is allowed to have privileges beyond the law. "This is the principle of equality before criminal law. The basic meaning of the principle of equality in criminal law is:

1) Anyone who commits a crime shall be prosecuted by the criminal law;

2) any privileges that go beyond the provisions of criminal law;

3) The Criminal Law shall be applied equally to all criminal acts, and the offender's social status, family background, professional status, property status, political outlook, and ability and performance shall not be differentiated when convicting and sentencing;

4) Any criminal infringement shall be protected by the criminal law;

5) The equal rights and interests of different victims shall be equally protected by the criminal law.

The application of the principle of equality before the law is a manifestation of the implementation of the principle of equality before the law in the field of criminal law. The emphasis on equality before the criminal law is based on the fact that in China's judicial practice, the phenomenon of unequal application of the criminal law is still relatively serious at this stage. Of course, the application of the principle of equality in criminal law does not negate the reasonable impact of the specific personal circumstances of the offender or victim on the conviction and sentencing.

In criminal legislation and justice, if the subjective circumstances of the criminals and the personal circumstances of the victims have an impact on the subjective malice of the offender who is objectively harmful to society, it is required that the application of the criminal law be differentiated and reflected. For example, recidivists are given heavier punishments for recidivists who are lower than their subjective personality and personal dangerousness, and juvenile offenders are reduced from criminal responsibility based on the subject's personal circumstances. It can be seen from this that the application of the principle of equality of all persons in criminal law is not an isolated, mechanical, and unitary criminal law norm, and it must be combined with the basic principles of criminal law, such as the commensurate punishment of criminal responsibility, to jointly guide the application of criminal law.

The stipulation on equality before the law is that all citizens of the People's Republic of China are equal before the law. Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law. The State respects and protects human rights.

Article 33 of the Constitution of the People's Republic of China All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law. The State respects and protects human rights.

Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law. Article 5 of the Constitution of the People's Republic of China: The People's Republic of China implements the rule of law and builds a socialist country under the rule of law. The state upholds the unity and dignity of the socialist legal system.

All laws, administrative regulations, and local regulations must not contradict the Constitution. All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.

No organization or individual may have privileges that go beyond the Constitution and laws.

How to understand the principle of equality before the criminal law.

Equality before criminal law has two implications:

One refers to equality in legislation. Building the party to serve the public and ruling for the people is the fundamental difference between our party and other political parties of the exploiting class. Since the 80 th anniversary of the founding of the party, our party has always compared the masses to water and to fish, breathing and sharing destiny with the masses and maintaining flesh-and-blood ties with the masses.

Never engage in privileges, never put yourself above the masses. The same is true for legislation, which enshrines the principle of equality before the law in the Constitution and the Penal Code. Equality in legislation reflects the equal status of our party and the masses.

Once the law is enacted, what is required is to act in accordance with the law, and as long as a crime is committed, no matter how old his qualifications, how high his status, and how great his merits, he will be equal and fair in applying the law to convict and sentence.

The second is equality in the application of criminal law. Once a law is enacted, it should be implemented. Upholding the principle of equality before the criminal law should be implemented in two basic aspects.

On the one hand, as far as the alleged offender is concerned, anyone who commits a crime should be prosecuted by law; Offenders of the same nature and circumstances shall be equal in conviction and sentencing; No offender may have privileges that exceed those provided for by law, and there must be no difference in conviction and sentencing based on differences in the offender's identity, status, property status, and other circumstances. For example, the case of Cheng Kejie, former vice chairman of the Standing Committee of the National People's Congress, who was sentenced to death for violating the criminal law, embodies this principle of equality. On the other hand, as far as the victim is concerned, anyone who has been wrongfully harmed should be protected; The same rights and interests of victims shall be equally protected by the criminal law; The criminal law must not be applied differently to the crime or the offender because of differences in the victim's identity, status, property status, and other circumstances.

That is, whether it is the pursuit of crimes or the protection of victims, equality and justice in the application of criminal law should be earnestly implemented.

The principle of equality before criminal law does not negate that there are differences in conviction and sentencing in accordance with the provisions of the law, depending on the offender or the specific personal circumstances. For example, according to the provisions of the Criminal Law: leniency for crimes of a serious nature and circumstances and great harm, and leniency for crimes of a relatively minor nature and circumstances and minor harms; The gametes of the principal offender or the primary disobitor are severe, and the accomplice and coercion are lenient; severity for completed crimes, leniency for preparation, attempt, and suspension of crimes; Severity for those who refuse to repent and continue to commit crimes after committing crimes, and leniency for those who sincerely repent, confess, or have meritorious service; Repeat offenders, recidivists, and wandering offenders are treated with leniency, and first-time offenders, occasional offenders, and juvenile offenders are treated leniently.

It can be seen from this that the principle of equality before the criminal law does not regulate the application of the criminal law in isolation and mechanically, but should cooperate with the principle of proportionality between crime and punishment, and rationally regulate the application of the criminal law in accordance with the criminal policy and spirit of combining punishment with leniency.

Legal Analysis: The equality of citizens of the People's Republic of China before the law is a basic principle determined by the Constitution of the People's Republic of China. Article 4 of the Penal Code stipulates that no one shall be equal in the application of the law when he commits an offence.

It is not permissible for anyone to have the privilege of transcending the law. This is the concrete embodiment of the constitutional principles of the criminal law, and it is also a requirement of judicial fairness.

Legal Analysis: Equality in judicial practice refers to the equal application of the law, including equality in the determination of crimes, equality in the discretion of criminal punishment, and equality in the enforcement of criminal punishment. Equality in judicial practice is paramount, especially the equal protection of the rights and interests of victims.

If there is only legislative equality and no judicial equality, then legislative equality is only a decoration. Only when there is equality in legislation and equality in the judiciary can we better promote the principle of equality before the criminal law and build a harmonious socialist society more quickly.