A New Study on the Purpose of Criminal Law
Niu Zhong-zhi
Abstract
Niu Zhong-zhi
Abstract
The legislative purpose of criminal law which nation will establish criminal law to achieve is deferent from the purpose of penalty,in that the latter is an element of the former,and a method to achieve the former.So it is necessary to emphasize the legislative purpose of criminal law.According to the principle of equilibrium between of- fence,responsibility and penalty,it is rational that punishing crimes should be considered as one of parts of the legis- lative purpose of criminal law.Therefore the legislative purpose of criminal law can be narrated:“vindicate the holis- tic national order of law in order to punish and defend crimes,and safeguard human rights”.The legislative purpose of criminal law is the epigenous concept that can be decomposed the purpose of penalty and punishing and defense crimes.
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The legislative purpose of criminal law which nation will establish criminal law to achieve is deferent from the purpose of penalty,in that the latter is an element of the former,and a method to achieve the former.So it is necessary to emphasize the legislative purpose of criminal law.According to the principle of equilibrium between of- fence,responsibility and penalty,it is rational that punishing crimes should be considered as one of parts of the legis- lative purpose of criminal law.Therefore the legislative purpose of criminal law can be narrated:“vindicate the holis- tic national order of law in order to punish and defend crimes,and safeguard human rights”.The legislative purpose of criminal law is the epigenous concept that can be decomposed the purpose of penalty and punishing and defense crimes.
Key concepts: Criminal law, Law, Legislature, Political science, Element (criminal law), Public law, Criminal procedure, Order (exchange)