The understanding of the provision"impose penalties based on..."in criminal law involves the determination of guilt or innocence,as well as the distinction between different offenses.The clause"impose penalties"gives the same effect to certain legal facts as to oth-er facts,including aspects of conviction and sentencing.It also serves as a provision for at-tention or legal drafting,with legal drafting having the function of shaping the elements of criminal conduct.However,the setting of the"impose penalties"clause suffers from issues of improper drafting and excessive typification.Therefore,it is necessary to apply the typo-logical thinking that encompasses and supplements each other,as well as conceptual think-ing,from a methodological perspective to the drafting of the"impose penalties"clause and judicial practice.By returning to the prototype behind the concept,clarifying the core ele-ments and variable elements in the types,appropriate typological interpretations of the spe-cific situations of"impose penalties"can be made.At the same time,the scope of application of the typological interpretation of the"impose penalties"clause should be reasonably re-stricted from both formal and substantive perspectives,ensuring consistency between the normative provisions requiring punishment to be based on laws and the essential normative evaluation of the nature of the matter,thereby achieving the legality,reasonableness,and acceptability of"impose penalties".
imposing penaltiestypological thinkinglegal draftingPrinciple of Legality
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