| Except introduction and conclusion, this article was divided into three parts:The first part is to define the concept of criminal legal norm. This work according to the logical method in definition. Firstly, the author analyzed the meaning of legal norm and summarized the basic characteristics of legal norm. The legal norm is provided state force, which set the subject's Right and Obligation by the social relations. It has the character of norm and state force. Secondly, the author analyzed the character of criminal law, compared with other law, it has distinct character: criminal law is set the crime and penalty, adjust the relationship of entity's Right and Obligation between country and criminal, and guarantee the other law's operation. Finally, the article made a definition to criminal legal norm: it is a legal norm which sets the crime and the penalty, adjusts the relationship of entity's Right and Obligation between country and criminal, and provides the safeguard for other laws.The second part is about the analysis of the structure of criminal legal norm. In my opinion, the structure of criminal legal norm and legal norm is identical, the theory of structure of legal norm can use in the structure of criminal legal norm analysis. About the legal norm structure, there are many kinds of viewpoints. Moreover, there are two disagreements among the viewpoints. One is that whether supposition is an indispensable factor or not. The other is that whether punishment is a factor which belongs to legal norm. The thesis is supposing that legal norm is dispensable factor by analyzing from three aspects which are the function and status of supposition, the certainty of legal norm, the difference of legal article and legal norm. As to the problem about that whether punishment can be the factor of legal norm or not. In this article, author holds the viewpoint that the punishment is not the essential factor in legal norm. The author agrees with the idea that application condition... |
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