On the principles of the criminal law
LI Man-quan
Abstract
LI Man-quan
Abstract
The establishment of the criminal law principles embodied the modern spirit of rule by law, contributed to the producing and realization of the legal value, such as free, order, democracy, justice, etc.. Should make the meaning and the value of the criminal law principles and the conflicts and balance among the principles clear. The implement of the crime and punishment legal principles and the realization of the law value need the ensurance of the relevant law. Penalty should regard criminal offence as the objective foundation, consider the personal situation of the offender synthetically at the same time. requiring the equal but not deny the difference, consider the personal situation of the offender but not repel responsibility. The criminal substantive law and the criminal procedural law are laid equal stress on, the two hold each other back and ensure each other.
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The establishment of the criminal law principles embodied the modern spirit of rule by law, contributed to the producing and realization of the legal value, such as free, order, democracy, justice, etc.. Should make the meaning and the value of the criminal law principles and the conflicts and balance among the principles clear. The implement of the crime and punishment legal principles and the realization of the law value need the ensurance of the relevant law. Penalty should regard criminal offence as the objective foundation, consider the personal situation of the offender synthetically at the same time. requiring the equal but not deny the difference, consider the personal situation of the offender but not repel responsibility. The criminal substantive law and the criminal procedural law are laid equal stress on, the two hold each other back and ensure each other.
Key concepts: Criminal law, Law, Value (mathematics), Punishment (psychology), Political science, Proportionality (law), Criminal justice, Public law