On The Function of Criminal Law

The function of criminal law refers to its positive functions.It consists of three aspects: the function of rules and regularities,the function to keep public order,and the function to protect liberty.The function of rules and regularities of criminal law consists of two aspects: one is the function of evaluation,and the other is the that of decision.The function of criminal law to keep public order is embodied in the function to protect benefits and the function to prevent crimes.The function of criminal law to protect liberty is embodied through two aspects: one is the protection of the liberty of citizens;the other is the protection of the liberty(or legal rights) of suspects and defendants,both of which are realized through the limitation of government's right of penalty.The functions to keep public order and to protect liberty are contradictory and restrain each other.However,they can also be coordinated.It is not the case that the function of criminal law to protect liberty is always considered first under all circumstances.It is to see if the liberty to be protected is reasonable.