Criminal Law Network: Expansion and Contraction

Author: Liang Genlin
Publisher:
Publish Date: 2005-01-01
Features: Criminal Law Network: Expansion and Restriction takes criminalization and extensive criminalization as its foundation, emphasizing that criminalization and decriminalization are two sides of the same coin, differing in direction but complementary in function as criminal legislation policies. The book first analyzes the path choices and model construction of criminalizing the expansion of the criminal law network, proposing a "moral-sub-law-second law" filtering mechanism for criminalization operations. It provides a detailed analysis of the moral constraints, sub-legal systems, and second law constraints on criminalization operations. Additionally, it discusses the criminalization choices of phenomena such as statutory rape with strict liability and legal presumption, marital rape, failure to assist at a scene of danger, and sex bribery, drawing on China's criminal policy practices.
Next, the book explores the path choices, model construction, and policy foundations of decriminalization for the non-expansion of the criminal law network, addressing the fundamental issues of decriminalization. It argues for the models and paths of "legal decriminalization" and "de facto decriminalization," analyzing, designing, and justifying the decriminalization paths for global hot topics such as prostitution, homosexuality, drug abuse, and euthanasia. Particularly, it proposes a de facto decriminalization approach for euthanasia and provides a legal interpretation of its exculpatory mechanisms.