Construction and Value of Criminal Legal Relations

Author: Zhang Xiaohu
Publisher:
Publish Date: 1999-11-01
Features: This article is based on criminal law theory and combines with the actual practice of criminal justice to systematically elaborate on the construction and value of criminal legal relationships. The full text consists of four parts, including an introduction and nine chapters. Part 1, Introduction to Criminal Legal Relationships, consists of an introduction and chapter. The introduction should strengthen the systematic research on criminal legal relationships: reveal the value of studying criminal legal relationships. Chapter 1, Concepts and Characteristics of Criminal Legal Relationships: Starting from the characteristics of the legal sources of criminal legal relationships—criminal law norms—this chapter provides a specific analysis and argumentation of the concepts and characteristics of criminal legal relationships. Part 2, Ontological Structure of Criminal Legal Relationships, consists of Chapters 2 to 4. Chapter 2, Subjects of Criminal Legal Relationships: Argues that the subjects of criminal legal relationships can only be the state and criminals. Chapter 3, Content of Criminal Legal Relationships: Argues that the content of criminal legal relationships is constrained criminal power and limited criminal responsibility. Chapter 4, Objects of Criminal Legal Relationships: Argues that the objects of criminal legal relationships are the carriers of criminal interests. Part 3, Dynamic Operation of Criminal Legal Relationships, consists of Chapters 5 to 7. Chapter 5, Formation of Criminal Legal Relationships: Emphasizes that criminal legal relationships have two forms: objective existence and subjective cognition. The legal premise for the formation of criminal legal relationships is the crime and corresponding criminal responsibility stipulated by criminal law norms, while the only factual premise is the commission of a crime. Chapter 6, Change of Criminal Legal Relationships: Emphasizes that changes in criminal legal relationships do not include changes in subjects. Multiple crimes, parole, probation, or changes in criminal law norms (partially) will lead to changes in criminal legal relationships. Chapter 7, Termination of Criminal Legal Relationships: Reveals the characteristics of the termination of criminal legal relationships and argues that the completion of the statute of limitations, changes in criminal law norms (partially), the death of a criminal, amnesty, the completion of criminal responsibility, the expiration of probation, restoration of rights, the abolition of prior convictions, or the termination of the right to sue will lead to the (basic) termination of criminal legal relationships. Part 4, Value of Criminal Legal Relationships, consists of Chapters 8 to 10. Chapter 8, Concept of the Value of Criminal Legal Relationships: Reveals the essence of the value of criminal legal relationships and emphasizes that the value of criminal legal relationships lies in justice. Chapter 9, Justice Values of Criminal Legal Relationships: Reviews the justice values of pre-criminal law, the old school, and the new school of criminal law. Chapter 10, Consequential Values of Justice in Criminal Legal Relationships: Argues that "social justice," "human rights protection," "balancing the severity of criminal responsibility with the size of the crime radius," "the realization of criminal legal relationships whenever a crime occurs," "equal crimes with equal criminal responsibility, different crimes with different criminal responsibility," "abolition of prior convictions," and "restoration of rights (or improvement of parole)" should all belong to the necessary values of justice in criminal legal relationships. Keywords: Criminal Law Theory, Construction of Criminal Legal Relationships, Value