Criminal law has unique attributes that are different from other laws, which are mainly reflected in:
(1) Criminal law is a legal norm that adjusts crimes and their legal consequences, while other laws adjust general Illegal conduct and its legal consequences.
(2) General departmental law only adjusts and protects a certain aspect of social relations, while criminal law adjusts and protects a wide range of social relations.
(3) General departmental laws also apply coercive methods to general violations, but the penalties are lighter than those stipulated in the criminal law.
(4) Criminal law is complementary, that is, only when the general departmental law is not enough to protect a certain social relationship, the criminal law will protect it; only when the general departmental law is not enough to stop a certain harmful behavior, the criminal law will protect it. Only criminal law applies.
(5) Criminal law is the protection law of other laws, that is, the social relations adjusted and the legitimate rights and interests protected by other laws must also be adjusted and protected with the help of criminal law.
Extended information
Penalty in my country is divided into main punishment and additional punishment.
The main penalty is a penalty that can only be applied alone, and other penalties cannot be applied in addition. The main punishments stipulated in our country's criminal law are: surveillance, criminal detention, life imprisonment, life imprisonment, and death penalty.
Additional punishment is a supplement and additional application to the main punishment, and can also be applied independently. The additional penalties 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 separately or in addition, which is actually an additional penalty.
China’s punishment design is based on priority and order, mutual coordination, lightness and severity, and interlocking to form a strict system. In this system, each punishment has its specific content and function. The diversity of penalty types is to adapt to the diversity of the nature and circumstances of crimes, facilitate the implementation of the policy of combining punishment with leniency, and implement the principle of differentiated treatment. Therefore, these types of penalties meet the actual needs of our country in combating crime.
Baidu Encyclopedia_Criminal Law