I. Basic principles of criminal law
The Criminal Law of People's Republic of China (PRC) has established the basic principles of criminal law, such as the principle of a legally prescribed punishment for a crime, the principle of equality in the application of criminal law, and the principle of adaptation between crime and punishment. These principles run through the whole criminal law and provide basic norms for criminal judicial activities.
Second, the classification and constitutive elements of crime
Criminal law divides crimes into different types, such as crimes against national security, crimes against citizens' personal rights and crimes against property. Every kind of crime has its specific constitutive requirements, including subject, object, subjective and objective aspects. Only when these elements are complete can it constitute a crime.
Three. The assumption of criminal responsibility
The criminal law stipulates the criminal responsibility of criminal acts, that is, the legal consequences that criminals should bear. The forms of criminal responsibility include penalty and non-penalty measures. The types of punishment include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty, and different punishments are applicable according to the nature and severity of the crime.
Four. Execution and mitigation of punishment
The criminal law also stipulates the execution mode of punishment and the conditions for reduction and exemption. The execution of punishment should follow the humanitarian principle and protect the legitimate rights and interests of criminals. For criminals who meet certain conditions, measures such as commutation and parole can be taken.
To sum up:
The Criminal Law of People's Republic of China (PRC) is an important legal weapon for maintaining social order and cracking down on criminal acts. It stipulates the definition, constitutive requirements, criminal responsibility and punishment of a crime, and provides a clear legal basis for judicial organs to handle criminal cases. At the same time, the criminal law also pays attention to the protection of human rights and justice, ensuring that the application of punishment conforms to both legal provisions and social justice and moral standards.
Legal basis:
Criminal law of the people's Republic of China
Article 3 provides that:
If the law expressly stipulates that it is a criminal act, 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.
Criminal law of the people's Republic of China
Article 4 provides 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.
Criminal law of the people's Republic of China
Article 5 provides that:
The severity of punishment should be commensurate with the crimes committed by criminals and their criminal responsibilities.
Criminal law of the people's Republic of China
Article 6 provides that:
This Law shall apply to all crimes committed within the territory of People's Republic of China (PRC), except as otherwise provided by law. This Law is also applicable to crimes committed on board ships or aircraft in People's Republic of China (PRC). If one of the acts or results of a crime occurs in the territory of People's Republic of China (PRC), it shall be regarded as a crime in the territory of People's Republic of China (PRC).