Relationship Between the Principle of Legality and Criminal Policy——Liszt Gap to Claus Roxin Perforation
Zhang Yao-wen, Law
Abstract
Zhang Yao-wen, Law
Abstract
Criminal policy plays a vital role in judicial work in the advance of legalization. But in practice,after the criminal policy with the criminal law,the criminal policy conflicts with the principle of legality. On the one hand,the criminal policy is beyond the boundaries of the criminal law; on the other hand,in the concrete application of criminal policy,the grasp limit has the mistakes. As a basic principle,the principle of legality has a natural connection to criminal policy,and in the process of legislation and judicature,they should keep the relationship of improving each other and complementing each other,to promote the legislation process.
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Criminal policy plays a vital role in judicial work in the advance of legalization. But in practice,after the criminal policy with the criminal law,the criminal policy conflicts with the principle of legality. On the one hand,the criminal policy is beyond the boundaries of the criminal law; on the other hand,in the concrete application of criminal policy,the grasp limit has the mistakes. As a basic principle,the principle of legality has a natural connection to criminal policy,and in the process of legislation and judicature,they should keep the relationship of improving each other and complementing each other,to promote the legislation process.
Key concepts: Principle of legality, Criminal law, Legislation, Law, Legalization, Political science, Criminal jurisdiction, Criminal procedure