1. Principle of a legally prescribed punishment for a crime: there is no express stipulation that no crime is committed, and there is no express stipulation that no punishment is imposed.
2. The principle of matching responsibility with action: the severity of punishment should be commensurate with the severity of the crime.
3. The principle of equality before the law: The basic meaning is that anyone who commits a crime is equal in the application of the law. No one is allowed to have the privilege beyond the law. All people's legitimate rights and interests should be equally protected, and no discrimination is allowed.
First, the principle of a legally prescribed punishment for a crime means that the law requires clear provisions before the perpetrator can be punished. Without clear regulations, criminals cannot be punished or convicted. The principle of suiting crime to punishment means that when an actor commits an illegal act, his crime should be consistent with his criminal responsibility and punishment. The principle of equality before the law, as its name implies, is that all actors, regardless of their status, must bear corresponding punishment as long as they touch the red line of the law. The three basic principles of criminal law are indispensable to maintain the legal effect of criminal law, and they complement each other.
Second, criminal law has space-time effect. The spatial effect of criminal law has certain jurisdiction principles. The principle of territoriality is based on criminal activities within the country. If the perpetrator exceeds the national boundaries of the country, the criminal law of the country is not applicable. The principle of personality, if the perpetrator is a national, criminal activities in the country or abroad are under the jurisdiction of the domestic criminal law, while if the perpetrator is not a national, criminal activities in the country are not under the jurisdiction of the domestic criminal law. Criminal law also has limitations. Criminal law has an effective time and an invalid time. Effective time, usually from the date of publication, or at some time after publication. Generally, the expiration time is clearly announced by the national legislature, or it is natural.
The task of the Criminal Law of People's Republic of China (PRC) is to fight against all criminal acts with penalty, so as to safeguard national security, the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by the working people, protect private property owned by citizens, protect citizens' personal rights, democratic rights and other rights, maintain social and economic order and ensure the smooth progress of socialist construction.
Legal basis:
Criminal law of the people's Republic of China
Article 1 The purpose of legislation is to punish crimes and protect the people. This Law is formulated in accordance with the Constitution and in the light of China's specific experience and actual situation in combating crime.
Article 3 If a crime is clearly defined by law, it shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished.
Article 4 Everyone is equal before the law. Anyone who commits a crime is equal in the application of the law. No one is allowed to have the privilege beyond the law.
Article 5 The responsibility and punishment should be adapted to the severity of punishment and to the crimes committed and the criminal responsibilities assumed by criminals.
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