Discussion of the Crime Standard on Criminal and Legal Principle ——Analysing Term 13 in Criminal Law
Liu Zhi-gao
Abstract
Liu Zhi-gao
Abstract
In our country,the definition of crime by Term 13 in Criminal Law is based on the unity of form and essence. On one hand,serious harmfulness to the society is the essential criminal feature while criminal lawbreaking is his formal one. Under the premise of criminal and principle in our country, the latter rather than the former should be the essential standard on crime and crime should be defined by observing from two angles:factual crimeand legal crime.
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In our country,the definition of crime by Term 13 in Criminal Law is based on the unity of form and essence. On one hand,serious harmfulness to the society is the essential criminal feature while criminal lawbreaking is his formal one. Under the premise of criminal and principle in our country, the latter rather than the former should be the essential standard on crime and crime should be defined by observing from two angles:factual crimeand legal crime.
Key concepts: Premise, Term (time), Criminal law, Law, Political science, Criminal procedure, Theory of criminal justice, Criminology