Building a modern special part of the criminal law: China's experience

Бесплатный доступ

Introduction: the study is devoted to the system, structure and legislative technique of the modern Special Part of the Criminal Code of China. Materials and Methods: the research materials were the Special Parts of the Russian and Chinese Criminal Codes, the provisions of the criminal law doctrine, theories and concepts related to the construction of the criminal law. The methodological basis of the study was general scientific and special methods of cognition (analysis, comparative legal and others). Results: the structural components of the Special Part of the Chinese Criminal Code, some types of used dispositions, sanctions, structures of crimes are determined, a comparative analysis of the structure and content of the Special Parts of the Russian, including Soviet, and Chinese criminal laws was carried out, conclusions were formulated. Discussion and Conclusions: the special part of the Chinese criminal law combines modern, advanced ideas and some original, specific features that may be perceived as obsolete vby some legal cultures. An analysis of the changes being made to the Chinese Criminal Code indicates that there is a concept of reforming the criminal law, which is an advantage for the state and does not allow chaotic changes in the law, violating its system. The author proposes for discussion issues related to the experience of reforming the Special Part of the Criminal Code of China.

Еще

Structure of the criminal law, special part of the criminal law, the criminal code of china, corpus delicti, disposition, sanction

Короткий адрес: https://sciup.org/142234316

IDR: 142234316

Статья научная