2001•Journal of The National Procurators CollegeRequires access

On Rational Principle of Criminal Legislation

Huang Ming

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Abstract

On the basis of necessary mala in se of criminal law, it achieves its ideality and its ultimate intents of freedom protecting and order ensuring. So the rationality must be paid attention to in the creating criminal law. The rationality of criminal legislation means the criminal legal created by criminal legislative activities must accord with the demands of its ideals that belong to essential rationality, and the elemental rules of criminal legislation that belong to formal rationality.

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On the basis of necessary mala in se of criminal law, it achieves its ideality and its ultimate intents of freedom protecting and order ensuring. So the rationality must be paid attention to in the creating criminal law. The rationality of criminal legislation means the criminal legal created by criminal legislative activities must accord with the demands of its ideals that belong to essential rationality, and the elemental rules of criminal legislation that belong to formal rationality.

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Available abstract

On the basis of necessary mala in se of criminal law, it achieves its ideality and its ultimate intents of freedom protecting and order ensuring. So the rationality must be paid attention to in the creating criminal law. The rationality of criminal legislation means the criminal legal created by criminal legislative activities must accord with the demands of its ideals that belong to essential rationality, and the elemental rules of criminal legislation that belong to formal rationality.

Key concepts: Rationality, Legislation, Legislature, Criminal law, Law, Political science, Order (exchange), Law and economics

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