On The Positive And Negative Function Of Criminal Law In China

The function of criminal law is a very important theory in the science of criminal law. Comprehensive and profound understanding of the function of criminal law will not only help to master the existing criminal law, so to achieve the maximization of its benefits, but also conducive to continuous improvement of the existing criminal law, so to pursuit the greater efficiency.The function of criminal law refers to the possible influence to human behavior, and ultimately, to the society. It includes the positive function and the negative function, the former is the possible positive influence to human behavior, and ultimately, to the society, the later is the possible negative influence to human behavior, and ultimately, to the society. The function of criminal law is different from the affection of criminal law, the later refers to the positive influence of criminal law to human behavior, and ultimately, to the society, that is the positive function of criminal law. The function of criminal law is also different from the action of criminal law, the later refers to realized influence of criminal law to human behavior, and ultimately, to the society, that is the external manifestations of the function of criminal law. What's more, the function of criminal law and the purposes of criminal law, the task of criminal law, the function of penalty are different also inseparable.The function of criminal law can be divided into positive function and negative function. From the intuitive point, the positive function of criminal law can be divided into essential functions and non-essential functions, the former includes note function and penalty function, the later includes compensating function, encouraging function, etc. Further analysis, we can also say the function of protecting the legitimate rights and interests and protecting rights be legally deprived. Fundamentally, it is to form and maintain a certain social order. From the intuitive point, the negative functions of criminal law can be divided into common functions and uncommon functions, the former is mainly manifested in accumulating of social contradictions, weakening people's sense of morality, etc. The later include cheapening people's life, making unfair, etc. Further analysis, we can also say the functions of destroying the legitimate rights and interests, and conniving very harmful behaviors. Fundamentally, it is to damage or hinder forming a certain social order. Accordingly, for the criminal law to play a maximum efficiency and achieve the greatest value, we can also follow two aspects: first, to promote the positive function of criminal law, and second, to inhibit the negative function of criminal law.