Criminal law is a part of the national legal system and a legal norm formulated and implemented by state organs to regulate the behavior of social members. It mainly maintains social order, protects public interests and individual rights by stipulating criminal acts and penalties, and also ensures the normal operation of society and the stability and harmony of the people.
Criminal law has the following main features:
Legitimacy: The formulation and application of criminal law must be carried out in strict accordance with legal procedures, including legislation, interpretation and trial. The application of criminal law must be based on clear legal provisions, and there must be laws to punish people to avoid abuse of power and arbitrary treatment.
Prohibition: Criminal law mainly restricts civil liberties by stipulating a series of criminal acts and prohibits them from engaging in certain acts, such as stealing and hurting others. These acts are regarded as violating social order and legal norms and need to be punished accordingly to show punishment and warning.
Personal certainty: criminal law mainly focuses on individual behavior, not collective behavior. It individualizes responsibility, that is, it recognizes that the subject of criminal behavior is an individual, not a collective. Therefore, in criminal law, the subject of criminal behavior is usually an individual, not an organization or group.
Consequence-oriented: Criminal law mainly focuses on the consequences and effects of criminal acts. It provides corresponding punishment measures, aiming at maintaining social order, protecting public interests and safeguarding individual rights by giving criminals corresponding punishment and education.
Social function: Criminal law is not only a legal norm, but also a means and tool to ensure social stability and development. By punishing criminal acts, we can warn and deter other potential criminals, maintain the normal order of society and protect the safety and interests of citizens.
Generally speaking, criminal law, as a science of law, is established by the state to maintain social order and protect public interests, and has the characteristics of legality, prohibition, individual certainty, consequence orientation and social function. It makes clear the criminal behavior and the corresponding punishment by formulating punishment norms, cracks down on crimes according to law, and maintains social harmony and stability.
At the same time, the criminal law also respects and protects individual rights and ensures the justice and fairness of criminal justice.