A Systematic Approach to the Last Resort Principle of Criminal Law
The last resort principle of criminal law is based on the theoretical basis of the effective suppression of political power by law and the social basis of functional differentiation of the criminal law system.The last resort nature of criminal law has become a semantic structure for communication between self-reference and external-reference in the criminal law system,providing necessary conditions for the legitimate use of state violence.The discourse of the last resort nature of criminal law-institutional construction-has promoted the mechanism of structural coupling between the political system and the criminal law system.The legitimacy of violence(the operation of political power)and the protection of individual rights(the operation of criminal-law norms)are not contradictory,and rights and power enjoy the feature of being able to be co-existent.Faced with the continuous emergence of systems and systemic hazards in the contemporary society,the scope of application of criminal law has been expanded,and such expansion is legitimate.The principle of last resort of criminal law cannot be limited to the external reference of the criminal law system to political power decision-making.By leveraging the non-subjective nature of social communication,the theory of last resort of criminal law is seen as a semantic structure for identifying harm in various fields of society,which is significantly different from the normative theory under the traditional behaviorist criminal law perspective.This approach does not mean the abandoning of the concept of behavior,but using functionalism to transform the substantive connotation of the principle of last resort of criminal law,promoting the updating of the individual rights system,and creating new possibilities for systematic communication and connection.
Last Resort of Criminal LawSocial System TheoryCommunication and ConnectionCommunicative MediumCriminal-Law Functionalism
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维普
