Its performance and essential characteristics are as follows: 1. Take punishment as a means of social education and training. Fundamentally speaking, punishment is not to punish criminals, but to let criminals re-understand the values of society, so as to reintegrate into society and gain their own value.
Second, people think that punishment should be mainly aimed at illegal acts rather than the offenders themselves. Punishment should be used to curb crime, not to punish criminals, but to advocate criminals to change their behavior and reintegrate into society from their own values. Thirdly, it is emphasized that the punishment of crimes should focus on social interests and eliminate social insecurity, rather than instigating criminals to be punished.
Fourth, emphasize the social responsibility of criminals, not the punishment. Criminals should be allowed to re-recognize social values and reintegrate into society, so as to gain their own value.
Five, that criminals have the ability to change behavior, should respect the personal dignity of criminals, respect the personal freedom of criminals, respect the personal rights of criminals, and give them measures conducive to changing behavior. Sixth, it is believed that the punishment of crimes should focus on education and correction, and focus on maintaining social stability, rather than revenge and punishment.
The essence of positive criminal law view;
The positive view of criminal law in contemporary criminal law legislation practice has social basis, policy basis and public opinion recognition. From a technical point of view, the positive concept of criminal law is realized by adding new crimes or modifying the constituent elements of old crimes, and it is presented as a crime without actual harm. Criminal Law Amendment (XI) is a typical legislation that practices the concept of positive criminal law. It responds to social needs from behavioral crimes, dangerous crimes and plot crimes, and focuses on protecting collective legal interests such as public safety, market economic order, social management order and national military interests.
Compared with the negative view of criminal law, the essence of the positive view of criminal law is the future-oriented view of prevention. The criminal law led by the concept of positive criminal law has broken through the paradigm of traditional criminal law, but criticizing the concept of positive criminal law with traditional criminal law theory does not necessarily mean that it must violate the principle of rule of law. Instead, it reflects the involution of traditional criminal law. We should treat the concept of positive criminal law rationally, which is based on preventive justice and can be resolved by changing the function of criminal law, expanding collective legal interests and bringing new rights into the jurisdiction.
However, based on the double-edged characteristics of criminal law, the positive view of criminal law should take the behavior category of limiting incrimination and high probability causality as the minimum practical limit.