[DOWNLOAD] "Nulla Poena Sine Lege in China: Rigidity Or Flexibility?(Symposium: Constitutional Review in the People's Republic of China)" by Suffolk University Law Review ~ Book PDF Kindle ePub Free

April 24, 2021

eBook details

Title: Nulla Poena Sine Lege in China: Rigidity Or Flexibility?(Symposium: Constitutional Review in the People's Republic of China)
Author : Suffolk University Law Review
Release Date : January 22, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 287 KB

Description

Nulla poena sine lege is a fundamental principle of criminal law. Its application is closely related to a basic understanding of criminal justice and separation of powers. The 1997 Chinese Criminal Law adopts a modified version of this principle. this modified version includes a negative and a positive dimension, and appears to be more rigid on the surface than the classic conception of the doctrine. However, in view of China's penal statutes, the rigidity of the Chinese nulla poena doctrine has been offset by broad sentence ranges, vague criteria for offense classes, unconstrained sentence mitigation and multi-functional sentencing circumstances. I. CLASSICISM AND POSITIVISM