Crime Guide (Upper and Lower)

Author: Chen Xingliang
Publisher:
Publish Date: 2000-01-01
Features: A criminal charge not only reveals the content of a crime but also represents an evaluation, which is the political and legal negation that the state gives to a harmful social act. The evaluative function of law toward people's behavior can be divided into two categories: affirmative evaluation and negative evaluation. From the perspective of criminal law, the general principles include both affirmative evaluations, such as the provisions on self-defense and necessity defense, and negative evaluations, such as the provisions on joint crimes and habitual offenders. However, the specific provisions of the criminal law are targeted at particular crimes and are entirely expressed as negative evaluations. For example, Article 138 of the Criminal Law, which stipulates the crime of false accusation, is the state's negation of the act of fabricating facts to falsely accuse others. A criminal charge is an evaluation of a specific act. If a certain act is labeled with a criminal charge, it indicates that the state's evaluation of the act is negative and that the act should be prohibited. This evaluation warns unstable elements in society that the state does not permit such behavior. Therefore, criminal charges, through their evaluation of a series of acts, influence society and establish a series of behavioral norms.