On the Crime of Criminal Organization Under the Positive View of Criminal Law
The connotation of the positive criminal law view mainly includes three aspects:ideology,legislation,and judiciary.It emphasizes that criminal legislation should actively respond to social condi-tions and public concerns,and at the same time,criminal governance means should be considered in the overall legal order and social governance system.The adoption of a positive view of criminal law into the judicial practice of crimes committed by criminal organization like organizations,such as lowering the threshold of crime,expanding the circle of crime,the time node of early punishment,increasing the in-tensity of punishment and the early involvement of criminal law in social life,indicates that in the process of the transformation of punishment from retributive punishment to preventive punishment,criminal legis-lation will turn to behavioral standard and the expansion of the scope of punishment is inevitable.Under the positive criminal law view,the organized crime of triad society responds to the needs of social develop-ment and realizes the legal benefits of criminal law.
positive criminal law viewcriminal organization crimeevil forces
万方数据
