Value Orientation of Criminal Law and Comparison of the Crime Concepts
Gong Zhang
Abstract
Gong Zhang
Abstract
The value orientation of the criminal law determines the content of the criminal concept.The criminal law which aims to maintain the government power always adopts essential or mixed concepts,and for the criminal law which is aimed at safeguarding citizens' social rights,formal concepts are usually used.With the strengthening of China's social transition,the aim of the criminal law begins to turn to safeguarding the citizens' social rights from maintaining the government power.To adopt the criminal concept which is guided by the principle of legally prescribed punishment for a specified crime can embody the transformation in value orientation more properly,and can help to bring the criminal law's function into full play.
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The value orientation of the criminal law determines the content of the criminal concept.The criminal law which aims to maintain the government power always adopts essential or mixed concepts,and for the criminal law which is aimed at safeguarding citizens' social rights,formal concepts are usually used.With the strengthening of China's social transition,the aim of the criminal law begins to turn to safeguarding the citizens' social rights from maintaining the government power.To adopt the criminal concept which is guided by the principle of legally prescribed punishment for a specified crime can embody the transformation in value orientation more properly,and can help to bring the criminal law's function into full play.
Key concepts: Safeguarding, Criminal law, Government (linguistics), Punishment (psychology), Law, Theory of criminal justice, Public law, Value (mathematics)