2004Xiandai faxueRequires access

What does the Criminal Law Regulate

Hong Xiao

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Abstract

A controversy over the issue of whether criminal law has ever had an independent regulation target has long existed in the criminal law circles, both at home and abroad. In China's legal academic world, people usually believe that criminal law has no independent object to regulate. But if criminal law had no independent regulation target and the differentiation between criminal law and other branches of law only lay in regulatory means, why were a variety of means required to regulate the same social relations? And how would we prevent lawmaker's tyranny? So, criminal law should have its own matters to regulate. What criminal law regulates can only be found from the difference between criminal law and other law branches. The difference between criminal law and other branches of law lies in the fact that the criminal law regulates acts that harm the legal system, which is the very regulation target of the criminal law.

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A controversy over the issue of whether criminal law has ever had an independent regulation target has long existed in the criminal law circles, both at home and abroad. In China's legal academic world, people usually believe that criminal law has no independent object to regulate. But if criminal law had no independent regulation target and the differentiation between criminal law and other branches of law only lay in regulatory means, why were a variety of means required to regulate the same social relations? And how would we prevent lawmaker's tyranny? So, criminal law should have its own matters to regulate. What criminal law regulates can only be found from the difference between criminal law and other law branches. The difference between criminal law and other branches of law lies in the fact that the criminal law regulates acts that harm the legal system, which is the very regulation target of the criminal law.

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Available abstract

A controversy over the issue of whether criminal law has ever had an independent regulation target has long existed in the criminal law circles, both at home and abroad. In China's legal academic world, people usually believe that criminal law has no independent object to regulate. But if criminal law had no independent regulation target and the differentiation between criminal law and other branches of law only lay in regulatory means, why were a variety of means required to regulate the same social relations? And how would we prevent lawmaker's tyranny? So, criminal law should have its own matters to regulate. What criminal law regulates can only be found from the difference between criminal law and other law branches. The difference between criminal law and other branches of law lies in the fact that the criminal law regulates acts that harm the legal system, which is the very regulation target of the criminal law.

Key concepts: Criminal law, Law, Public law, Comparative law, Political science, Civil law (Civil law), Private law, Chinese law

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