On the Function of Legislative Evaluation of Criminal Penalty
Zhou Shao-hua
Abstract
Zhou Shao-hua
Abstract
Judging from the legislative significance,elements of criminal penalty should play its role of evaluation from two aspects:“quality” and “quantity”.The representation of qualitative evaluation is that criminal penalty embodies the negation of act by the state,and in criminal law,criminal penalty plays a role of determining the nature of certain types of acts.The representation of quantitative evaluation is that “collocation of criminal penalty” is in fact directed to the evaluation activities of criminal types.The quantity of a penalty in a criminal norm is just the evaluation of the quantity of crime by legislators on the criminal act taken as the content of the norm.
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Judging from the legislative significance,elements of criminal penalty should play its role of evaluation from two aspects:“quality” and “quantity”.The representation of qualitative evaluation is that criminal penalty embodies the negation of act by the state,and in criminal law,criminal penalty plays a role of determining the nature of certain types of acts.The representation of quantitative evaluation is that “collocation of criminal penalty” is in fact directed to the evaluation activities of criminal types.The quantity of a penalty in a criminal norm is just the evaluation of the quantity of crime by legislators on the criminal act taken as the content of the norm.
Key concepts: Legislature, Criminal procedure, Criminal law, Norm (philosophy), Negation, Penalty method, Political science, Representation (politics)