Law, Criminal law
Methods and subject of criminal law
The original meaning of the concept of "criminal law", its origin, scientists explain in different ways. However, researchers have a common view on two main components: the concept of crime and punishment. In modern society, this phenomenon is multi-valued: it is regarded as a branch of law and legislation, as a direction of science and as a scientific discipline. At the same time, this concept is used in the most precise sense - the system of criminally-legal norms that are established by the legislature to regulate and protect society from crime.
The peculiarities of the types of social relations that underlie the division of the system of law into subsystems, their social purpose, as well as the tasks facing it, reveal the concept fully described. The subject and method of criminal law make it an independent industry, which is closely intertwined with other areas. It is distinguished by its bilateral orientation, which is determined by means of legal norms. This concept includes the subject of the criminal law of protection and regulation. It implies those phenomena that are protected and regulated by norms and are subject to investigation within certain limits.
Criminally-legal regulation as an object uses two versions of relations:
- Which arise in the commission of a crime between the person who carried it out and the state represented by law enforcement agencies;
- Which are the consequence of acts permitted by law, causing harm to objects. They can exclude the criminal direction of the action (for example, extreme necessity).
The subject of criminal law in research activity is a broader concept. This is due to the fact that science is studying not only the current legislation and practice of its application, but also social content, ways to improve the industry as a whole or
Within the framework of the academic discipline, the subject of criminal law is determined by the totality of the whole complex of knowledge that allows the acquisition of theoretical luggage and professional skills for future specialists.
Criminal law (as a branch) has not only its subject, but also its own methods of influencing the behavior of persons who committed a criminal act. With their help, it solves the problems associated with the regulation and protection of relations in society. The most known methods are:
- The ban on the commission of a dangerous act under the threat of applying strict measures to the offender.
- Use of sanctions prescribed in regulations.
- The use of other measures (for example, medical character).
Thus, the subject of criminal law describes the social relations that are developing in the sphere of validity of the authorizing norms. They are inextricably linked with methods aimed at resolving socially significant behavior of citizens in society.
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