Journal of Siberian Federal University. Humanities & Social Sciences / Formation of the Basic Principles in the Modern Chinese Criminal Law

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2016 9 (10)
Authors
Dongmei, Pang; Mingxuan, Gao
Contact information
Dongmei, Pang:Heilongjiang University 74 Xuefu Road, Nangang District, Harbin, 150080, Heilongjiang province, P. R. China; E-mail : ; ; Mingxuan, Gao: Beijing Normal University No. 19, XinJieKouWai Str., HaiDian District, Beijing 100875, P. R. China
Keywords
principles of criminal law; principle of legality; principle of equality of citizens before the law; principle of compliance of punishment with crime and criminal justice
Abstract

The Articles 3, 4, 5 of the 1997 Criminal Code of the People’s Republic of China (hereinafter – 1997 PRC Criminal Code) provide for the principle of legality, the principle of equality of citizens before the law and the principle of compliance of punishment with crime and criminal liability respectively. These three articles are the legislative innovations for the 1997 PRC Criminal Code. Formation of the basic principles of criminal law is considered to be one of the main problems of the criminal legislation, so in the development of drafts of the Criminal Code in legislative and judicial bodies, as well as among experts there were different views on whether it is necessary to additionally provide for the basic principles in the Criminal Code of China, on which basic principles should be added, how and what chapter in the Criminal Code should describe these basic principles, etc. All these issues and ways of their solution are presented in this article

Pages
2465-2474
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/26378

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