Renmin Chinese Law Review

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 2

Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.

Chapter 5: Sentencing justice and interpretation as the object of criminal law

Jiang Tao

Subjects: asian studies, asian law, law - academic, asian law


Criminal law is the set of legal norms of a state, which connect criminal behavior, as a constitutive element of crime, with its consequent corresponding criminal penalty. As one type of legal norms, criminal law is an organic combination of crime and punishment, representing the basic form of criminal law evaluation. Criminal rules not only contain descriptions of behavior that can be potentially harmful for some positive values (i.e. criminal behavior), but also reflect attitudes of the criminal law toward dangerous behavior, which can be reflected through the effective penalty imposed. The phenomenon of a great number of difficult cases emerging from today's Chinese society has become noticeable in the research of criminal law due to the increasingly complex life situations that Chinese people are facing nowadays. The improper handling of these issues will surely affect the realization of sentencing justice.

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