2008Xiandai faxueRequires access

The Basic Position of China's Criminal Law

Chen Jia-lin

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Abstract

Both the former and the existing Criminal Acts in China are characterized by objectivism.Thus,the amendment in 1997 is deemed an improvement of legislative skill rather than a great change of the basic position of the criminal law.A criminal law is more a norm of behavior than a norm of adjudication.Neither by pure handlungsunwert nor by pure erfolgsunwert can we sketch out the features of China's criminal law.Only by combining the two doctrines,can the basic position of Chin's criminal law be determined.Defects can be found in the doctrine of infringement of legal interests.As such,to interpret the norms of criminal law correctly,we should at the same time take into account the doctrine of violation of norms..

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Both the former and the existing Criminal Acts in China are characterized by objectivism.Thus,the amendment in 1997 is deemed an improvement of legislative skill rather than a great change of the basic position of the criminal law.A criminal law is more a norm of behavior than a norm of adjudication.Neither by pure handlungsunwert nor by pure erfolgsunwert can we sketch out the features of China's criminal law.Only by combining the two doctrines,can the basic position of Chin's criminal law be determined.Defects can be found in the doctrine of infringement of legal interests.As such,to interpret the norms of criminal law correctly,we should at the same time take into account the doctrine of violation of norms..

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Available abstract

Both the former and the existing Criminal Acts in China are characterized by objectivism.Thus,the amendment in 1997 is deemed an improvement of legislative skill rather than a great change of the basic position of the criminal law.A criminal law is more a norm of behavior than a norm of adjudication.Neither by pure handlungsunwert nor by pure erfolgsunwert can we sketch out the features of China's criminal law.Only by combining the two doctrines,can the basic position of Chin's criminal law be determined.Defects can be found in the doctrine of infringement of legal interests.As such,to interpret the norms of criminal law correctly,we should at the same time take into account the doctrine of violation of norms..

Key concepts: Law, Criminal law, Doctrine, Criminal procedure, Political science, Adjudication, Norm (philosophy), Comparative law

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