The penal nature of punishment is the highest category extracted from Article 13 of the Criminal Law,while social harm,legality of crimes and punishments,and moderation of criminal law are secondary categories that can be derived from it.Thus,the categorization system in Article 13 of the Criminal Law consists of the penal nature of punishment governing social harm,legality of crimes and punishments,and moderation of criminal law.Social harm and legality of crimes and punishments form a progressive relationship rather than two conflicting standards,thus they do not oppose each other.The moderation of criminal law represents a reverse relationship with social harm and legality of crimes and punishments.While social harm holds a fundamental position in criminal law,it serves as the substantive basis for the penal nature of punishment.Legality of crimes and punishments serves as the formal basis for the penal nature of punishment and regulates social harm.The moderation of criminal law extends from the opposite side of the penal nature of punishment.Ultimately,social harm,legality of crimes and punishments,and moderation of criminal law collectively support the penal nature of punishment from both positive and negative perspectives.To deeply analyze Article 13 of the Criminal Law,it is necessary to examine its fundamental categories and their intrinsic connections.
Article 13 of the Criminal Lawpenal nature of punishmentsocial harmlegality of crimes and punishmentsmoderation of criminal law
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维普
