Decodification of Criminal Law:Conceptual Explanation Exclusion Fallacy,Legitimate Basis and Normative Construction
The conceptual explanation exclusion fallacy in criminal law,seeking a legitimate basis for its existence,and normative construction in decodification of criminal law are important steps in the codification and legalization of criminal law.The decodification of criminal law is the transformation of the functional structure of the code under the premise of affirming the central position of the code.Its legitimate basis lies in the fact that it is a way of thinking that coincides with a positive view of criminal law,a harmonious demand for various departments of law under the unity of legal order,and the best form of fit for codification at present.On this basis,normative construction is carried out for the decodification of criminal law,and a legal source category of the decodification of criminal law that includes the Constitution and guiding cases is constructed.The function of criminal law amendments is fully utilized,shifting from a unified criminal law legislative model to a diversified legislative model,and achieving the transformation of subsidiary criminal law from formal meaning to substantive meaning.
codificationdecodification of criminal lawconceptual explanation exclusion fallacynormative construction
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