Methods and subject of criminal law
The initial meaning of the concept of "criminalright ", scientists explain its origin differently. However, researchers have a common view of two main components: the concept of crime and punishment. In modern society, this phenomenon is multivalued: 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, which are established by the legislature to regulate and protect society from crime.
Features of types of social relations,the principles underlying 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 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 research within a certain framework.
The subject of criminal law in the field of securitysocial relations is directly related to the provision of normal living conditions for an individual and society as a whole. In this context, the norms determine the consequences that citizens incur for encroachment on public relations.
Criminally-legal regulation as a subject 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 the researchactivity is a broader concept. This is due to the fact that science is studying not only the current legislation and the practice of its application, but also social content, ways to improve the industry as a whole orits separate institutions. Therefore, the study is subject to experience, through which the whole system of criminal legislation was built. It includes domestic and foreign views of scientists and practitioners, as well as international experience of cooperation.
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 an industry) has not onlyits 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 nature).
Thus, the subject of criminal law describessocial relations, developing in the sphere of validity of the rules of enacting. They are inextricably linked with methods aimed at regulating the socially significant behavior of citizens in society.