The connotation of the principle of legality and its value positioning

The principle of legality of crimes means that when an act is conducted, it is not a crime unless expressly provided for in the law, and no punishment is not expressly provided for in the law, and China's 1997 Criminal Law established the principle of legality for crimes.

The principle of legality includes two basic aspects: 1. Positive criminalization of crimes: "If the law expressly stipulates that it is a crime, it shall be convicted and punished in accordance with the law"; 2. Negative Crime Statutory:

Where the law does not expressly provide for criminal conduct, it must not be convicted or sentenced." Positive criminality requires the correct use of punishment to punish crime and protect society from a positive aspect; The basic spirit and main purpose of the negative crime law is to restrict the application of criminal law power in a negative way, to prevent the State from abusing criminal law power to violate human rights, so as to ensure that criminal law is a Magna Carta for good citizens and a Magna Carta for offenders.

Negative offences are legally derived from the following principles: the prohibition of analogy, the prohibition of ex post facto law, the prohibition of customary law, the prohibition of indefinite sentences, and the principle of certainty.

The two basic aspects are opposites and unity, and the value orientation is the use of criminal punishment to punish crime to protect society, and the opposition and unity of restricting the state's penal power to protect human rights. The primary value and task of modern criminal law is to safeguard individual freedom, to protect and guarantee individual freedom to the greatest extent possible, and at the same time to maintain the stability of social order. In exceptional circumstances, when there is a conflict between the positive and negative aspects, the negative aspects should be given priority, and the unity of individual freedom and social order should be sought under this premise.

On the first floor, is this question his homework? You've got to be good, but he should do his homework on his own.

The principle of legality of crimes refers to the principle that crimes are not crimes unless the law expressly stipulates that they are not criminal, and that they are not punished unless the law expressly stipulates them, and the basic requirements are legalization, solidification, and clarification. The principle of legality of crimes can be divided into absolute crimes and relative crimes. The rule of law for absolute crimes completely excludes the discretion of judges, and it is believed that judges should apply the criminal law literally, and the provisions of the criminal law on relative crimes can accommodate judicial discretion to a certain extent.

Its basic content is:

1) It is absolutely forbidden to apply analogy, but it is not prohibited to expand the interpretation, and the express provisions of the criminal law are the sole basis for conviction. Conduct that is not expressly provided for in the law cannot be punished as a crime by analogy or analogous interpretation.

2) An absolute prohibition of the application of customary law, with statutory law as the sole source of criminal law. The application of customary statutory offences is not permissible for acts not expressly provided for in the criminal law.

3) Absolute prohibition of retroactivity of criminal law, and the principle of retroactivity as the only principle to solve the problem of retroactivity of criminal law. The conviction and sentencing of an act can only be based on the law in force at the time of the act, and the new law promulgated after the act has no retroactive effect.

4) Extrajudicial punishment and indefinite punishment are absolutely prohibited, and the name, type, and range of punishment must be determined by law, and the term of punishment must be absolutely determined, and neither absolute indefinite punishment nor relative indefinite punishment is allowed.

The connotation of the principle of legality of crimes is as follows:

1. The principle of legality of crimes, also known as legalism, is an excellent achievement of human social civilization, and has become an unshakable ideological foundation and imperial standard for promoting and verifying the development of criminal legal theory and practice in the world after hundreds of years of baptism and tempering of human political civilization and rule of law civilization;

2. Today, it is generally believed that the basic meaning of the principle of legality of crimes refers to: what is a crime, what are the crimes, and what are the conditions for the composition of various crimes;

3. What is a criminal punishment, what are the types of punishment, how each type of punishment is applied, and what is the specific range of punishment for each crime, etc., are all prescribed by the criminal law;

4. Conduct that is not provided for as a crime in the specific provisions of the Criminal Law shall not be convicted and punished. To sum up, it means that "it is not a crime unless the law expressly stipulates it, and there is no punishment unless the law expressly stipulates it". The principle of legality has become one of the most common and important basic principles of criminal law in all countries of the world.

The principle of legality of crimes has the following significance:

1. It is conducive to promoting the development of rule of law civilization and greatly enriching the theoretical content of criminal rule of law;

2. It is conducive to cultivating the public's awareness of abiding by the rules, maintaining social order, and improving the ability and level of social governance;

3. It is conducive to restraining the arbitrary behavior and abuse of power expansion of judges Fu Yuan, preventing extrajudicial conviction and sentencing, protecting the legitimate rights and interests of citizens, and achieving social justice;

4. It is conducive to providing a code of conduct for the society, showing the authority of the law, deterring crime, and preventing crime.

Legal basisArticle 3 of the Criminal Law of the People's Republic of China.

Where 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.

Legal Analysis: Cha Pei 1Legalism. This means that only laws enacted by the legislature have the power to stipulate crimes and punishments, and regulations formulated by administrative organs do not have the power to stipulate crimes and punishments, that is, the "law" in the law on crimes does not include administrative regulations.

2.Prohibition of customary law. Although the customary law reflects the will of the people, it should be banned because it is unwritten, lacks clarity, and violates the principle of possibility.

Legal basis: Article 3 of the Criminal Law of the People's Republic of China Article 3: Where 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.

The basic meaning of the principle of legality is as follows:

1. The crimes specified in the criminal law must be expressly stipulated by the law, referred to as the statutory provisions of the crime;

2. The punishment provided for in the criminal law must be expressly prescribed by law, referred to as the statutory penalty;

3. The criminal liability stipulated in the criminal law must be expressly stipulated in the law.

Legal basis] Article 3 of the Criminal Law, the crime of Oak He is prescribed by law, and if it is a criminal act expressly stipulated by law, it shall be convicted and punished in accordance with the law; Where the law does not expressly stipulate that it is a crime, it must not be convicted and sentenced.