Current location - Trademark Inquiry Complete Network - Futures platform - On the Characteristics of Criminal Law
On the Characteristics of Criminal Law
Criminal law has unique attributes different from other laws, which are mainly manifested in:

(1) Criminal law is a legal norm that stipulates crimes and their legal consequences, while other laws stipulate general illegal acts and their legal consequences.

(2) The general departmental law only regulates and protects one aspect of social relations, while the criminal law regulates and protects a wide range of social relations.

(3) The general department law also applies compulsory methods to general illegal acts, but its severity is lighter than the punishment stipulated in the criminal law.

(4) The criminal law is complementary, that is, it is only protected by the criminal law when the general departmental law cannot fully protect a certain social relationship; Criminal law can only be applied when the general department law is not enough to restrain some harmful acts.

(5) Criminal law is the guarantee law of other laws, that is, social relations and legitimate rights and interests adjusted by other laws are also adjusted and protected by criminal law.

Extended data

The punishment in our country is divided into principal punishment and supplementary punishment.

Principal punishment is a kind of punishment that can only be applied independently and cannot be attached to other kinds of punishment. The main types of punishment stipulated in China's criminal law are: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty.

Supplementary punishment is a punishment that can be applied as a supplement to the main punishment but can also be applied independently. The supplementary punishments stipulated in China's criminal law include: fines, deprivation of political rights and confiscation of property. In addition, for foreigners who commit crimes, deportation can be applied independently or additionally, which is actually an additional punishment.

China's punishment is a strict system through the design method of subject, compliance, coordination, weight and connection. In this system, each kind of punishment has its specific content and function. The diversity of punishment is to adapt to the diversity of crime nature and circumstances, embody the principle of combining leniency with severity, and implement the principle of differential treatment. Therefore, these kinds of penalties are in line with the actual needs of China's fight against crime.

Baidu encyclopedia _ criminal law