The Boundary of Criminal Penalty Power:the Definition of the Crime and the Crime that be definited
Shi Yan’an
Abstract
Shi Yan’an
Abstract
The range of culpable conducts which should be regarded as crimes is an important issue of criminal policy.It should be agrued whether to insist the definition of the crime stipulated in the currenct criminal code,or to bring the conducts against the security administration punishment law and other administrative law into the circle of the crime.What conduts should be regulated as crimes is related to the issue of the boundary of criminal penalty power which is affected by the national polity,and selection of the model of Rule-of-Law,the restriction of powers and the suitability of the law system.Analysed from the views of the division of powers and the principle of rule of law,and even the Chinese culture and current national condition,the definition of the crime in the current criminal law is reasonable and justifiable.
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The range of culpable conducts which should be regarded as crimes is an important issue of criminal policy.It should be agrued whether to insist the definition of the crime stipulated in the currenct criminal code,or to bring the conducts against the security administration punishment law and other administrative law into the circle of the crime.What conduts should be regulated as crimes is related to the issue of the boundary of criminal penalty power which is affected by the national polity,and selection of the model of Rule-of-Law,the restriction of powers and the suitability of the law system.Analysed from the views of the division of powers and the principle of rule of law,and even the Chinese culture and current national condition,the definition of the crime in the current criminal law is reasonable and justifiable.
Key concepts: Criminal law, Law, Political science, Boundary (topology), Polity, Power (physics), Public law, Punishment (psychology)