What is the purpose of our criminal law legislation

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.

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 achieve the just realization of the penal power of the State. A series of regimes provided for in the Penal Code:

The legality of crimes, the proportionality of punishments, the composition of crimes, and the statute of limitations for prosecution actually limit the functional power of criminal law in combating 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.

[Legal basis].Criminal Law of the People's Republic of China

Article 1: This Law is formulated on the basis of the Constitution and in light of China's specific experience and actual conditions in the struggle against crime, so as to punish crimes and protect the people.

The purpose of China's criminal law is as follows:

1. As the basic way to realize the criminal responsibility of criminals, criminal law is a coercive method, the result that the ruling class subjectively hopes to achieve when initiating criminal law, and a subjective pursuit that exists in the form of concepts, which determines that the purpose of criminal law belongs to the subjective category;

2. It is the purpose of the state's application of the criminal law to the crime, that is, the result expected by the people's court in sentencing the criminal law to the criminal;

3. All phases of criminal activity, including those of criminal activity, should not be confined to the application phase, but are in fact the expected desired results of the State through the creation, application and enforcement of criminal law;

4. The purpose of the criminal law is reflected in every stage of criminal activities, and in the whole process of the operation of the criminal law, the purpose to be achieved by the ruler is reflected at all times until it is finally realized, and it cannot be artificially divided and limited to a certain stage.

The purpose of the criminal law is of great significance to the operation of the entire criminal law, which is manifested in the following ways:

1) The purpose of criminal law restricts criminal legislation and is one of the guiding ideologies of criminal legislation, and once the purpose of criminal law is determined, there will be a corresponding criminal law system as a means to achieve it;

2) The purpose of the criminal law determines the application of the criminal law and directly affects the outcome of the discretion of the criminal law, and the adjudicators are affected by it in the choice of the type of punishment, the duration of the sentence and the range of sentencing;

3) The purpose of the criminal law guides the implementation of the criminal law, and the enforcement of the criminal law is an important link in the final implementation of criminal responsibility, and it is also the key to achieving the purpose of the criminal law.

Characteristics of criminal law:

1. The purpose of the criminal law is established by the state in advance, and exists before the formulation of punishment, the pursuit of punishment, the sentencing, the execution of the sentence, and the supervision of the punishment, and it has guiding and restraining significance for the state to formulate, appeal, discretion, enforce and supervise the criminal law;

2. The purpose of the criminal law runs through the entire process of formulating, appealing, discretioning, enforcing and supervising the criminal law, rather than one or several stages;

3. The purpose of criminal law has a strong subjective color, it is a subjective desire of the ruling class of the state, and this desire is a subjective and objective thing, which may have a gap with the reality of the country, so that it cannot achieve the expected ideal effect;

4. Behind the purpose of the criminal law lies the class nature of the criminal law. It can be said that the purpose of the criminal law is the purpose of the class in charge of the state, and it is the effect that the class in power of the state hopes to achieve in the name of the state, seeking punishment, sentencing, execution, execution, execution, and supervision, and it has a distinct class character.

[Legal basis].Article 1 of the Criminal Law of the People's Republic of China.

In order to punish crimes and protect the people, this law is enacted in accordance with the Constitution and in light of the specific experience and actual situation of our country's struggle against crime.