Criminal law is the most severe law, and the realization of its purpose and extent depends on whether the law can be well applied. The application of criminal law refers to the application of criminal law to the activities of specific criminal suspects or defendants by specialized state agencies in accordance with statutory powers and procedures. The application of criminal law can be divided into broad and narrow senses.
The application of criminal law in a broad sense refers to all activities of judicial organs (including people's courts, people's procuratorates, public security organs, and security organs) and defense lawyers implementing criminal law in accordance with the provisions of the Criminal Procedure Law, including case filing, investigation, and prosecution. , trial, defense, execution and a series of criminal law enforcement activities. The application of criminal law in the narrow sense refers to the thinking activity of the people's court to apply criminal law norms to specific defendants under the guidance of certain criminal law theories and in accordance with certain principles and methods.
The proportion of crime and punishment is reflected in the severity of the penalty in the criminal law, which should be consistent with the crime committed by the criminal and the criminal responsibility he should bear. Adaptation of crime and punishment is a legal thought that adapts to people's simple sense of fairness. It is determined by the basic relationship between crime and punishment and is a need for crime prevention. According to this principle, when applying criminal law, the severity of the penalty should be organically consistent with the nature of the crime, the circumstances of the crime, and the personal danger of the perpetrator. The principle of proportionality of crime and punishment should be implemented in all aspects of punishment, sentencing and execution.
Scope of application of China's criminal law
1. This law shall apply to all crimes committed within the territory of the People's Republic of China, unless otherwise provided by law.
2. This law also applies to crimes committed on board ships or aircrafts of the People's Republic of China.
3. If one of the criminal acts or results occurs within the territory of the People's Republic of China, the crime is deemed to have occurred within the territory of the People's Republic of China.
4. This law applies to state functionaries and military personnel who commit crimes specified in this law outside the territory of the People's Republic of China.
Legal Basis
Criminal Law of the People's Republic of China
Article 3 If the law clearly stipulates that it is a crime, it shall be convicted and punished in accordance with the law; if the law does not clearly stipulate that it is a crime, , shall not be convicted and punished.
Article 4: The criminal law shall be applied equally to all persons, and the law shall be equally applied to all persons who commit crimes. No one is allowed to have privileges above the law.
Article 5: Punishment appropriate to the crime shall be commensurate with the severity of the punishment and the crime committed by the criminal and the criminal responsibility he bears.