The concept of criminal law

   The criminal law provides that the crime, the criminal and penal laws. In particular, the criminal law is the ruling class in order to safeguard the interests of the class in the political and economic, according to his own will, specify which behavior is crime and criminal liability, and give the criminals with what punishment law.

   Criminal law has broad and narrow sense. Narrow sense of criminal law only refers to the penal code, criminal law is generalized to refer to all crime and its legal consequences for the criminal entity law content, including the provisions of criminal code, separate criminal law and accessory in other laws and regulations with the effect of punishment law, namely the accessory criminal law.

   In connection with criminal law in a broad sense, narrow criminal law, criminal law can also be divided into ordinary and special criminal law criminal law. Ordinary criminal law is a common effect of application of criminal law, in fact refers to the penal code. The special criminal law refers to the separate criminal law (hereinafter referred to as the single criminal law) and accessory criminal law (hereinafter referred to as the subsidiary criminal law). Some scholars regard the criminal law known as the special criminal law criminal law, known as secondary criminal law; that the ordinary criminal law is often code, which belongs to the principle of criminal law, especially criminal law is a bonus, which belongs to the exception type method.

Two, the nature of criminal law

   Criminal law has the method usually all "representation of the ruling class, group will safeguard the political rule" which is a common political property, criminal law has special legal attributes from other law:

   (1) the criminal law has the very strong ethics. Moral ethics can not only become the source of criminal law norms, and often become the norm of criminal law spirit, constitute criminal law and moral strength.

   (2) legal system criminal law has widespread. Different from other legal norms, the norms of criminal law is not to protect an area, some interests, but has the protection of the interests of the law system, a relatively wide range of not only other laws to protect the legal interests are eventually should enter into the scope of the criminal law, but also the moral order can become the social benefits the maintenance of criminal law.

   (3) the norm of criminal law is not complete. Incomplete such imperfections including the standard incomplete contents and regulating function. Incomplete specification content, refers to the penal code norm has fragmentary or incomplete features, criminal law protection system can only be limited to specific basis "as key penalty" category selected. Incomplete specification function, refers to the protection of law function of the criminal law is relative, the criminal law could not bear the legal interest protection mission all.

   (4) the criminal law has the complementary. The criminal law is not subject to the first specification such as civil law, administrative law and the protection of the interests of the powerful second protection norms, have complementary and guarantee the first law supplement and support for. The first law to fully and effectively protect the legal interest of the criminal law, there is no need for intervention, and thus determines criminal law norms intervention should have a last resort.

   (5) the norm of criminal law has special mandatory and severity. The criminal responsibility of crime, punishment means to achieve the protection of law function of criminal law, criminal responsibility is the most severe negative evaluation of human behavior and responsibility to condemn, as the basic way to realize the criminal responsibility of the penalty is the most painful and mandatory sanctions.

Three, the task of criminal law

   The task of criminal law is formulated with the application of criminal law should bear the mission. China's "criminal law" the second stipulation: "the tasks of the PRC Criminal Law, is the struggle against all criminal acts, to protect national security, safeguarding the people's democratic dictatorship and the socialist system, all the property protection of state property and collective, protection of citizens' private property, protection of citizens personal rights, democratic rights and other rights, maintaining the social order, economic order, guarantee the smooth progress of socialist construction." According to the provisions of China's "criminal law" article second of the criminal law of our country can be seen, the task to punish crimes and protect the people in two aspects: the punishment of crime is the means, to protect the people is the goal. To protect the interests of the state and people through the fight against crimes; and in order to protect the interests of the country and people, and must be correct and effective fight against crimes.

   According to the provisions of China's "criminal law" article second of the criminal law of our country, the task can be summarized as the punishment of crime, the protection of law, the criminal law of China is the inherent function and basic task. However, according to China's "criminal law" third affirm the principle of legality, the exercise of criminal law of China also has the regulating and restricting state power of punishment, criminal suspects, defendants, criminals and all citizens freedom of human rights safeguard function. The crime of custom about the modern legal system country criminal law, should not only because of the law to protect the function and become the "good people's Great Charter", and should be criminal's Great Charter become "because of its function to protect liberty play and". The core problem of modern criminal law is, how to coordinate and balance of legal benefit protection function and the function to protect liberty, optimization to achieve the task of criminal law.

Four, the interpretation of criminal law

   The interpretation of criminal law is to clarify the meaning of the criminal norm. The criminal law is the need to explain, mainly because of the provisions of the criminal law is abstract and stability, some some abstract expressions with ambiguity, it makes people have a different understanding, coupled with the reality of life is in different poses and with different expressions and the complex, in order to unify understanding, to make the abstract law shall apply in specific cases, the judicial activities to keep up with the changes in the objective situation, it is necessary to interpret the criminal law.

   The interpretation of criminal law, can be classified from different aspects, mainly in the following two categories:

   (1) according to the classification of the validity of the interpretation, the interpretation of criminal law can be divided into legislative interpretation, judicial interpretation and theoretical interpretation.

   The legislative interpretation, meaning is the highest legislative organ of the state that the NPC and its Standing Committee on the criminal law explanation. Legislative interpretation of criminal law mainly includes the following three situations: (1) in the criminal law provisions of the criminal law terminology associated with explanation. (2) by the state legislature in the legal drafting instructions or the revision of explained. (3) the criminal law in the implementation of such as the occurrence of difference, are interpreted by the Standing Committee of National People's congress.

The judicial interpretation by the supreme judicial organs for criminal law is the meaning explanation. Have the right to judicial interpretation of the Supreme People's court and the Supreme People's procuratorate.

Academic interpretation, is by the state propaganda organs, social organizations, teaching and scientific research units or experts and scholars from the theory of meaning of criminal law explanation.

   (2) according to the classification of interpretation, interpretation of criminal law can be divided into literal interpretation and logical interpretation.

   Literal interpretation is the legal provisions of the literal meaning, including words, concepts, terminology, from the interpretation of the arts and sciences.

   A logical explanation is in accordance with the spirit of the legislation, contact the relevant situation, from the logical explanation. It is divided into natural interpretation, extended interpretation and limited interpretation. Of course, explanation is that the criminal law does not express a certain matter, but according to the specification, object attribute and logical form, the matter of course will be included in the standard interpretation of the scope of application. Expanding interpretation is based on the original intention of legislation, to do more than the literal meaning of the interpretation of criminal law. Restrictive interpretation is based on the original intention of legislation, the provisions of the penal code as narrowly on literal interpretation.