long time,There is a difference between legislative research and interpretive research in bet365 cricket odds research,Interpretation theory research has developed a developed bet365 cricket odds hermeneutics,However,Research on legislation has failed to develop a clear system、Complete criminal legislation。Although scholars often use the concept of "criminal legislation",But as a secondary discipline of bet365 cricket odds,The research on its basic theoretical categories is quite weak。It can be said,There is a problem of ontology loss in criminal legislation,Urgent need to correct it。
Theoretical basis for setting crimes and matching punishments
The independent subject status of criminal legislation is determined by the particularity of its research objects and its specific disciplinary tasks。bet365 cricket odds is the study of crime and punishment,Due to the particularity of research objects and adjustment methods,Different from civil law、Administrative Law and Other Departments of Law。In the subject group of bet365 cricket odds,The research objects of all three-level disciplines are all crimes,But with different subject tasks。For example,Criminological research aims to explore the causes of crime,Propose management strategies。bet365 cricket odds hermeneutic research aims to provide criminal justice standards for conviction and sentencing。Criminal legislation research aims to provide theoretical basis for bet365 cricket odds legislation to establish crimes and match punishments。
Since the crimes studied in various branches of bet365 cricket odds have roughly the same life images,A general bet365 cricket odds theory should be developed,As a common basis for bet365 cricket odds research。This task can win support from the history of bet365 cricket odds thought,But in fact,Due to the prosperity of bet365 cricket odds hermeneutics,All branches of bet365 cricket odds obtain more theoretical nutrition directly from bet365 cricket odds hermeneutics,bet365 cricket odds hermeneutics is regarded as the basic discipline of bet365 cricket odds。This creates a problem,Concepts borrowed heavily from bet365 cricket odds hermeneutics、Principle,Because it is used in sub-disciplines such as criminal legislation,Mistaken as the theoretical support that bet365 cricket odds hermeneutics should provide,Blurring the disciplinary boundaries between bet365 cricket odds hermeneutics and criminal legislation and other branches。Restore including crime、Concepts such as punishment and the principle of statutory punishment、The basic status of the principle of balance between crime and punishment and other contents in the general legal sense of bet365 cricket odds,Very important for the disciplinary development of criminal legislation。
It should be noted that,bet365 cricket odds hermeneutics has the function of criticizing legislation,But this function is not the default subject function,It is the result of its objective development,This function should be mainly undertaken by criminal legislation。Besides,For things like illegal implantation of gene editing、A brand new crime such as embryo cloning,There is no prior participation in judicial evaluation of bet365 cricket odds hermeneutics,It is difficult to confirm its legislative criticism function。In other words,The so-called "legislative critical function of bet365 cricket odds hermeneutics",It cannot fully undertake the theoretical guidance task of bet365 cricket odds legislation。About the nature of the crime used to create a new crime、Theoretical tools such as the principle of modesty in bet365 cricket odds,It should also be interpreted in the sense of general legal principles of bet365 cricket odds。The need for the disciplinary development of criminal legislation,Cannot be replaced or obscured because bet365 cricket odds hermeneutics has a certain critical legislative function。
Practical basis for disciplinaryization
The disciplinary development of criminal legislation is an inevitable requirement to further improve the scientific level of bet365 cricket odds legislation。Since the comprehensive revision of my country’s bet365 cricket odds in 1997,The legislature has passed a separate bet365 cricket odds、11 bet365 cricket odds Amendments,The total number of crimes increased from 412 to 483,The provisions of the "bet365 cricket odds" are still 452 in form,And use "one of a certain article、bis" and other correction methods,Effectively increased to 505 items。By lowering the threshold for criminalization、Increase behavior composition and other methods,Essentially further expand the bet365 cricket odds。2011 "bet365 cricket odds Amendment (8)"、2015 "bet365 cricket odds Amendment (9)"、The "bet365 cricket odds Amendment (Eleven)" in 2020 has modified dozens of articles in the bet365 cricket odds,The general provisions and sub-provisions are all covered。Frequent amendments to China’s bet365 cricket odds,Showing a significant trend of active criminal legislation。This inevitably requires criminal legislation to be based on ensuring legislative democratization,Continuously improve the level of scientific legislation。Treat criminal legislation as a branch of bet365 cricket odds,Conducive to promoting the specialization of criminal legislation research、Systematization、Refinement,Adapt to the practical needs of changes in bet365 cricket odds。
Since my country’s industrial society has matured,The aspect of risk society is becoming increasingly prominent,This urgently requires the disciplinary support of criminal legislation。In the context of risk society,bet365 cricket odds legislation faces unprecedented new challenges。In the context of industrial society,The behavior causes definite harmful results within a certain time and space,There is an empirical or scientifically clear causal link between behavior and results,The situation faced when legislating bet365 cricket odds is relatively simple,Consideration of criminalizing behavior is easier。In the context of risk society,The impact of behavior may extend beyond the borders of the country and the length of life,There is sometimes a causal chain between behavior and results that is difficult to distinguish,Or whether the consequences of the behavior occur、The size is uncertain,These all require that the criminalization of behavior must be supported by proper risk assessment and professional knowledge。Especially during the ecological crisis、Terrorism、Biosecurity、Food and Drug Safety、Nuclear safety and other fields,The boundaries of conduct that bet365 cricket odds can intervene in are highly dependent on disciplinary expertise。How to define risk?How to conduct risk assessment?How to determine acceptable risk levels?How to define the allowed behavioral standards on this basis?These all rely on the disciplinary efforts of criminal legislation。
Establish the basic theoretical system
Establish the basic theoretical system of criminal legislation,It is the natural meaning of the scientific development of criminal legislation。Since criminal legislation takes crime as its research object,The basic task is to set the guilty and match the punishment,The concept of crime should be properly defined,Establish the legitimate basis for establishing guilt and matching punishment。The substantive concept of crime、Basic principles of bet365 cricket odds legislation、Criminalization basis、Penalty basis、Crime types and crime system、Penalty system and statutory penalty configuration, etc.,It is the normative content of criminal legislation。bet365 cricket odds legislation is a national legislative activity in a specialized legal domain,Also relies on specific legislative techniques,Criminal legislation should also include the technical content of bet365 cricket odds legislation。bet365 cricket odds legislative activities are carried out by the legislative body in accordance with legal authority and procedures,The scientific and democratic process of bet365 cricket odds legislation is also an important part of the theoretical system of criminal legislation。
The normative content of criminal legislation has long been distinguished in the history of bet365 cricket odds thought。The originator of modern bet365 cricket odds、The Italian criminal jurist Beccaria published "On Crime and Punishment" in 1764,Consider crime as a harm to society,Proposed the principle of statutory punishment for crimes、Principle of balance between crime and punishment、Principle of modesty in bet365 cricket odds、Punitive humanism and other important ideas。Beccaria pointed out clearly: "Only the law can provide penalties for crimes。Only legislators representing the entire society united under the social contract have this authority。”This means,Rulers cannot set crimes and penalties at will based on personal will。We can further explain,In addition to the law,Administrative regulations、Department regulations or local regulations,Neither can stipulate crimes and penalties。Look at it from this perspective,The principle of statutory crime and punishment has general significance,It is first of all the basic principle of bet365 cricket odds legislation,The second is the basic principles of bet365 cricket odds and justice。Discover the disciplinary value of various normative contents with the general legal nature of bet365 cricket odds,It is the only way for the scientific development of criminal legislation。
From a historical perspective,Even if it is admitted that crime is a danger to society,The yardstick for measuring crime does not actually come from the illusory social contract,Rather, it is the social and cultural concepts of people from different historical periods。Social and cultural concepts rooted in the material living conditions of a specific society,Let people’s behavioral benchmarks be determined in the compromise of various interests and demands,Integrated into a country’s legal system,Become a content confirmed and guaranteed by the Constitution and various departmental laws including bet365 cricket odds。Crime is behavior that violates the behavioral standards established based on the cultural concepts of a specific society。Establish this behavioral benchmark in bet365 cricket odds jurisdiction,It is also necessary to rely on the methodological review and weighing of the principle of proportionality,The criminalization of specific behaviors must be based on the legitimacy of the purpose、Effectiveness of means、Necessity of means、Comprehensive consideration of multiple aspects such as the trade-off between the value protected by criminalization and the value that may be damaged by means。It should be noted that,The necessity of means is similar to the principle of modesty in bet365 cricket odds,Conducive to clarifying bet365 cricket odds and civil law、The boundary between administrative law and other means。
bet365 cricket odds legislative technology is an important content of criminal legislation。How to maintain a balance between professionalism and daily life in legal terms in bet365 cricket odds legislation、How to achieve structural coordination within the bet365 cricket odds system and between norms、How to properly respond to the influence of public opinion and international and domestic political factors、How to adjust the crime to respond to the crime situation in a timely and effective manner and enhance the pertinence and efficiency of the penalty,These are all issues that should be studied in depth in bet365 cricket odds legislation technology。
Criminal legislation must also conduct in-depth research on the scientificization and democratization of bet365 cricket odds legislative procedures。Carry out bet365 cricket odds legislation in accordance with the provisions of the Constitution and Legislative Law,Procedurally provides protection for the authority and legitimacy of bet365 cricket odds legislation。bet365 cricket odds legislative activity is not only a production process of bet365 cricket odds norms,It is also a game adjustment process of the values and interest demands of various stakeholders in society。Through the abstract consensus of the people and the specific consensus of those voting in the legislative body,The legitimacy of bet365 cricket odds legislation is constantly produced。Scientific optimization of bet365 cricket odds legislative procedures、Enhance the level of democracy in bet365 cricket odds legislation,Is an important research content in criminal legislation。In addition,Whether adding new crimes must be reviewed three times?Does the addition of new types of penalties or major adjustments to the execution of penalties also have to be reviewed three times?These highlight the characteristics of bet365 cricket odds legislation、Issues based on the actual bet365 cricket odds legislation in our country should be included in the research scope of criminal legislation。
(This article is a phased result of the National Social Science Fund general project "Basic Genealogy of Risky bet365 cricket odds" (21BFX059))
(Author’s unit: Institute of Law, Chinese Academy of Social Sciences)
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