On basic concepts of the criminal law
Jialin Chen
Abstract
Jialin Chen
Abstract
The criminal law is more a norm of behavior than a norm of adjudication.Neither the pure handlungsunwert nor the pure erfolgsunwert can demonstrate the basic nature of China's criminal law.It will be in the basic stands of China's criminal law only when the former two are taken into consideration at the same time.There are some defects in the theory of violating legal interests,which requires that we should correctly interpret the criminal law when we take the theory of violating norms into consideration.
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The criminal law is more a norm of behavior than a norm of adjudication.Neither the pure handlungsunwert nor the pure erfolgsunwert can demonstrate the basic nature of China's criminal law.It will be in the basic stands of China's criminal law only when the former two are taken into consideration at the same time.There are some defects in the theory of violating legal interests,which requires that we should correctly interpret the criminal law when we take the theory of violating norms into consideration.
Key concepts: Criminal law, Law, Adjudication, Norm (philosophy), Political science, Criminal procedure, Comparative law, Public law