The Criminal Law Legal Status in Judicial Specific Application

Abstract

Judicature practice work has put in a claim for reassessment to criminal law and other department laws. The application of the criminal law, especially in the conviction and sentencing of administrative offenders, should deal efficiently with the relationship between the criminal law and other department laws. The particularity of adjustment way is the theoretical basis of making criminal laws become department laws. The non-independence and the strictness of the criminal adjustment object decide the universality, ultimatum and modest restraint of criminal law. The guiding role and safety value of the law claim that criminal law must keep consistent with other department laws. In spite of that, criminal law is equal to other department laws. Independent foundation of criminal law and the relationship between criminal law and other department laws decide the status of criminal law in legal system which not only produces an effect on enacting of criminal law but also plays an important guiding role in specific application of criminal law.