2007Journal of North University of ChinaRequires access

On Reasonable Location of Function of Criminal Law in China

MA Yinxiang

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Abstract

From the perspective of humanity,individuals value garantierende function,but the state emphasizes the protection function.The expectations to the function of criminal law are entirely different so it is necessary to seek a meeting point for both sides.Then we get normierende function.However,the location of function of criminal law in a country subjects to specific social situations.At present,based on the reality of our country,we should pay more attention to the garantierende function of criminal law,and thus we can achieve a substantive balance between liberty and social order.

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What this paper is about

From the perspective of humanity,individuals value garantierende function,but the state emphasizes the protection function.The expectations to the function of criminal law are entirely different so it is necessary to seek a meeting point for both sides.Then we get normierende function.However,the location of function of criminal law in a country subjects to specific social situations.At present,based on the reality of our country,we should pay more attention to the garantierende function of criminal law,and thus we can achieve a substantive balance between liberty and social order.

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Available abstract

From the perspective of humanity,individuals value garantierende function,but the state emphasizes the protection function.The expectations to the function of criminal law are entirely different so it is necessary to seek a meeting point for both sides.Then we get normierende function.However,the location of function of criminal law in a country subjects to specific social situations.At present,based on the reality of our country,we should pay more attention to the garantierende function of criminal law,and thus we can achieve a substantive balance between liberty and social order.

Key concepts: Function (biology), Criminal law, Law, China, Balance (ability), Value (mathematics), Humanity, Order (exchange)

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