Primitive criminal law, that is, the ancient criminal law of the early period in the country.

The most direct way to punish criminals with serious crimes is to deprive the other party of their lives in the most brutal way, such as car splitting, Ling Chi, and dog execution

But it is clear that this is not the case in modern criminal law.

"Everyone must pay attention to the fact that in modern society, the function of criminal law is no longer monistic, it is dualistic."

"The criminal law of modern society is not a dagger, the dagger has only one blade, and it cuts at whomever and at the criminal."

"In modern society, criminal law is a double-edged sword, it has two blades, the blade that cuts at criminals, which is called the protective function, punishing crimes and protecting the people."

"There is also a second blade that cuts at the organs of public power, at the power to punish crimes themselves, to limit the state's penal power, to protect human rights."

"You should have studied civil law before, then you should find that an important difference between criminal law and civil law is that criminal law is strictly interpreted, while civil law does not need to."

"Civil law has laws according to the law, and there are no laws according to the law, if there is no legal reason, you can apply it according to the most similar provisions."

"Because the civil law regulates the personal relations and property relations of equal subjects, the law must settle disputes, so there is no rule to explore a rule."

"But criminal law is different. Because of the confrontation between criminals with small criminal laws and powerful countries, everyone knows that criminals are indeed hateful, but once the criminals enter the judicial system, he is facing a powerful state. ”

"And the balance of the law must be tilted in favor of the weak, which is why the criminal law will stipulate the principle of legality of crimes, and the law will not be punished unless the law expressly stipulates that it is not a crime."

"The criminal law must be strictly interpreted, analogy is prohibited, and it cannot be applied by comparison with the most similar provisions."

There are many dark elements in the depths of human nature, so any institution composed of human beings naturally has dark possibilities, so any rights must be restricted.

And it is precisely because of the absence of this constraint in the ancient criminal law that the eight words "there is no excuse for the crime that you want to add" have been handed down to this day.

Montesquieu, a French Enlightenment jurist, proposed the separation of powers, and the legislative, judicial, and executive powers must be strictly separated.

If the judiciary can draw analogies and create rules, then the judiciary no longer has judicial power, but legislative power.

In Montesquieu's words, when justice and legislation become one, oppression is inevitable.

If it is only to punish crimes, there is no need for criminal law.

The advent of written criminal law has largely constrained the state's ability to combat crime.

Radbruch has said that the criminal law is paradoxical, on the one hand, it has to protect the victim and protect the population in the face of criminals, and on the other hand, it has to face the prosecutor to protect the criminals, becoming a Magna Carta for citizens against judicial arbitrariness and error.

Power corrupts and absolute power corrupts, and all rights must be strictly constrained.

"The criminal law is different from other laws, it deprives citizens of their liberty at least and deprives them of their lives at worst, and the consequences of the slightest carelessness are unimaginable."

Bacon said that a crime pollutes the water, and an unjust justice pollutes the water. In order to have a source of living water and uphold judicial fairness, the criminal law must be strictly interpreted. ”

"Hegel said that the only lesson that history teaches people is that human beings never learn their lessons, but I hope that after you have at least studied law, you will not be in the company of those keyboard warriors who open their mouths to death on the Internet."