Misunderstanding and Positive Reading of the Principle of a Legally Prescribed Punishment for a Specified Crime
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Abstract
The principle of a legally prescribed punishment for a specified crime is the overall and basic issue in the theory and practice of criminal law. There is misunderstanding in the judicial practice of it. The pattern of crime and punishment is incomplete, and there are still some problems in the implementation of the principles of certainty, principles of legislative rationality, and principles of legislative clarity in the criminal code. So the concept of judicature should be changed as soon as possible and the boundaries between legislative power and judicial power should be clearly delimited so that the principle of a legally prescribed punishment for a specified crime can be comprehensively and correctly implemented.
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