On Reasonable Location of Function of Criminal Law in China
MA Yinxiang
Abstract
MA Yinxiang
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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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)