The Application of the Principle of Legally Prescribed Punishment for Crime and Penalty in the Field of Criminal Justice Practice in China
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DOI: 10.25236/icemeet.2019.152
Corresponding Author
Hongyuan Pan
Abstract
The principle of legally prescribed punishment for crime and penalty is an ancient principle in criminal laws of the world. In 1997, the third article of the Criminal Code of China was used to clarify that the criminal law in our country should implement the principle of legally prescribed punishment for crime and penalty. The establishment of the principle has made our criminal law internationalized and modernized. However, whether the principle is truly applied in the practice of criminal justice remains to be studied and discussed. This paper analyses the influence of criminal judicial interpretation and criminal policy on the principle of legally prescribed punishment, puts forward some suggestions and opinions on existing problems, and strives to improve the application of this principle in China’s criminal judicial practice, so as to effectively implement it in criminal justice.
Keywords
Legally prescribed punishment for crime and penalty, criminal code, rule the country by law, judicial interpretation, criminal policy