What is the legislative purpose of the criminal law and the legislative purpose of the criminal law

Updated on culture 2024-07-25
4 answers
  1. Anonymous users2024-02-13

    1. Article 1 of the Criminal Law of the People's Republic of China clearly stipulates the purpose of enacting the Criminal Law, that is, in order to punish crimes and protect the people, this Law is formulated in accordance with the Constitution and in light of the specific experience and actual situation of China's struggle against crime. According to this provision, the purpose of the penal code is to punish crimes and protect the people.

    This is determined by the nature of our criminal law and is consistent with the mission of criminal law.

    2. The real purpose of criminal law is to curb the abuse of the state's penal power, or to punish crimes fairly. "A series of principles and systems established by the Criminal Law, such as the legality of crimes, the proportionality of crimes and punishments, the composition of crimes, the range of punishments, and the statute of limitations, are in fact static restrictions on state power. The greatest function of criminal procedure is to impose a series of procedural restrictions on the deprivation of basic rights and interests of citizens by the state from a dynamic point of view.

    3. The purpose of criminal law is to justly realize the penal power of the state. The criminal law stipulates a series of systems, such as the criminalization of crimes, the proportionality of crimes and punishments, the composition of crimes, and the statute of limitations, which actually limit the functional power of criminal law to combat crimes.

    The purpose of criminal law is not all about punishing crimes, but about the just realization of the penal power of the State. "These procedures (criminal procedures) are designed to ensure that the defendant becomes the subject of the proceedings together with the State prosecution agency, rather than passively waiting for the State to deal with it, and is designed to provide equal opportunities and basic guarantees for the rational confrontation between the individual and the State prosecution agency. ”

  2. Anonymous users2024-02-12

    Article 1 of the Criminal Law [Legislative Purpose] This Law is formulated in accordance with the Constitution and in light of China's specific experience and actual situation in the struggle against crime in order to punish crimes and protect the people.

  3. Anonymous users2024-02-11

    The purpose of our criminal law is to punish crimes and protect the people.

    Article 1 of the Criminal Law of the People's Republic of China [Legislative Purpose] This Law is formulated on the basis of the Constitution and in light of China's specific experience and actual situation in the struggle against crime, so as to punish crimes and protect the people.

    Article 2: [Tasks] Protect state-owned property and property collectively owned by the working masses, protect property owned by private citizens, protect citizens' personal rights, democratic rights, and other rights, maintain social and economic order, and ensure the smooth progress of socialist construction.

  4. Anonymous users2024-02-10

    The purpose of our criminal law is to punish crimes and protect the people.

    Article 1 of the Criminal Law of the People's Republic of China [Legislative Purpose] This Law is formulated in accordance with the Constitution and in light of China's specific experience and actual situation in the fight against crime, so as to punish crimes and protect the people.

    Article 2: [Tasks] Protect state-owned property and property collectively owned by the working masses, protect property owned by private citizens, protect citizens' personal rights, democratic rights, and other rights, maintain social and economic order, and ensure the smooth progress of socialist construction.

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