Several of our local public prosecutors, prosecutors, lawyers, and judicial officers are required to conduct legal literacy campaigns every year in cultural squares where there is a high concentration of people! Every year, it is necessary to hold an examination on the popularization of the law! There are also some administrative law enforcement departments also carry out activities to popularize the law! Propaganda and education, so that the spirit of the rule of law in the hearts of people! The spring breeze of the rule of law blowing all over China!

The law is sacred and solemn! In those days, many places held "sentencing conferences" and "parades" of criminals! To a certain extent, they deterred criminals! Objectively reduce the crime rate!

Laws are formulated and recognized by the state and their implementation is guaranteed by state coercion! It is a system of norms that reflects the will of the ruling class as determined by specific material conditions of life. The law is the embodiment of the will of the ruling class! It is the tool of state rule! The most important role of law is to punish crime! Maintain national security and stability! Maintain good social order! So that the clear sky, blue sky and white clouds will always be on earth!

The law punishes crime primarily! Propaganda and deterrence are complementary!

Does the law wait to punish crime? Or does it use deterrence to prevent crime?

In the case of crime, the existence of the law serves multiple purposes, both punitive and deterrent.

For example, an A is sentenced by law to three years in prison for robbery.

For the criminal himself, there is a certain punitive effect, telling him that he must pay the price for his evil deeds, and the three years' imprisonment is the punishment imposed on him by the law.

For himself and unspecified other people (especially those who have evil plans), there is also a certain deterrent and warning effect, telling them that if they dare to rob other people's property violently, the minimum penalty is three years' imprisonment.

For the victims in this case, the law has had a calming effect, and the perpetrators have been sentenced to three years' imprisonment, and have been duly punished and have paid their dues.

Generally speaking, the role of the law is to draw a red line, which must be crossed at a price, to educate the perpetrators of evil, to deter those who have the intention of committing evil, and to achieve the purpose of maintaining public order through punishment and crime prevention; of course, its preventive function should be greater and more important.

The law both punishes crime and prevents crime by deterrence, which is the value evaluation role of the law, as well as the education and guidance role of the law.

The function of the law lies in the value of the existence of the law, the value of the role of the law is the core of the role of the law, the legal norms used to adjust people's behavior, violation of the law will inevitably bear the corresponding legal responsibility, the subject said that the punishment of crime, in fact, is the behavior of the perpetrator of the violation of the criminal law norms, should be subjected to the punishment of criminal penalties. Criminal law penalty is actually to punish criminals and their criminal behavior, is the role of the law of coercion.

The deterrent effect of the law is mainly education, guidance, prediction, through the law to evaluate people's behavior, tell people what behavior can be, what behavior is not to lead to, which behavior will be in violation of the law of what kind of punishment, is civil liability, administrative liability, or criminal liability? The deterrent effect of the law also lies in the effective prevention of crime, through the punishment of criminals, and clearly tell people that violations of the law must be investigated, the law must be strictly enforced, and that those who dare to test the law will be severely punished by the law.

Therefore, the role of the law lies not only in the punishment of crime, but also in the prevention of crime, in which the preventive role is greater than the punitive role, and the two complement each other to maintain public order in society.

The role of the law.

If the law is waiting for the role of punishing crimes, then the purpose of the state in making laws is negative and passive, and the law has a predictive role when observed from the perspective of the role of the law. The higher the degree of predictability of the law, the higher the possibility for people to organize and plan their lives effectively, and by virtue of the existence of the law, it is possible to estimate in advance how people will behave towards each other. For example, as far as crimes against property are concerned, because the statutory penalties prescribed for robbery are significantly higher than those for theft and fraud, the number of persons committing theft and fraud is, in practice, significantly higher than that for robbery, and the reasons for this include the possibility that the offender may have predicted the outcome of the crime.

Observing from the educational role of the law, if the warning role of the law corresponds to breaking the law and committing crimes; then the demonstration role of the law may correspond to encouragement and praise. Through the implementation of the law, the law has an impact on the behavior of people in general, which plays an important role in raising the legal awareness of citizens and prompting them to consciously abide by the law. From this we can see that we cannot take a one-sided view of the role of the law as merely waiting to punish law-breaking and crime.

From a judicial point of view, the law does not merely "wait" to punish crimes. The investigating authorities should take the initiative in intervening in crimes, actively investigating and solving them, and preventing them from being committed; if the investigating authorities violate their legal responsibilities, the investigators concerned may be guilty of dereliction of duty, which constitutes a crime. Procuratorial authorities also have a certain degree of initiative; for example, if, in the course of reviewing arrests and prosecutions, they find that suspects should have been arrested but have been omitted by the investigating authorities, the procuratorial authorities shall decide to arrest them in accordance with the law, or request the investigating authorities to submit a request for their arrest.

"Deterrence" to prevent crime may refer to the psychological compulsion to commit a crime, or it may refer to the educational effect described above. For example, when a perpetrator commits a home invasion and robbery, the television in the home broadcasts a warning educational film in which similar offenders are severely punished, and the perpetrator gives up committing the crime. In fact, the coercive role of the law also includes the State's ability to sanction illegal and criminal behavior through the law and to compel offenders to comply with the law, e.g., custodial sentences and the death penalty can deprive the offender of the ability to reoffend.

Jian Xu's essays are for reference only.

This is the ex ante and ex post role of the law.

The prior effect is the deterrent effect of penalties in the law and the guidance of behavior. Citizens' personal behavior is governed by the principle of "freedom without prohibition". That is to say, as long as the law does not prohibit an act, then citizens can carry it out. As long as the law prohibits the behavior, we can not do, or will be suspected of violating the law, or even a crime. Otherwise, we will be suspected of violating the law, or even committing a crime, which may result in punishment by the public security authorities, or criminal prosecution. And our criminal law and other criminal laws and regulations for the illegal behavior of the penalty content provisions, this is the role of deterrence of criminal offenses. And when we stipulate what can not be done, in fact, is on behalf of the value orientation of our legislation, these provisions can play a role in guiding the behavior of citizens. In this regard, we can through the school of the rule of law education, social publicity, television and film publicity, the media and other Internet communication media to publicize the rule of law to improve the rule of law literacy of citizens.

Ex post facto, that is, for the illegal behavior of accountability, punishment, which can not only play a crime fighting, but also can have the corresponding educational effect. If criminal behavior can not be punished, can not be timely and effective punishment, it is undoubtedly the criminal behavior of the indulgence. Even to the citizens of the rule of law will bring about the impact of the concept, that the implementation of such illegal behavior is no matter. Therefore, once a criminal offense occurs, our public prosecutors and law enforcement agencies should intervene in a timely manner, and promptly initiate the judicial process to pursue criminal responsibility. By punishing these crimes can also play a deterrent educational role. At the same time, we should also collate typical cases and publicize them to the community in a timely manner, which can also play the role of legal literacy and education.

In terms of deterrence, the more severe the penalty, the more pronounced the deterrent effect should be. Therefore, we are often accustomed to thinking that only heavy penalties are conducive to crime prevention. I have seen many people calling for "the death penalty for all child abduction and trafficking crimes", which is a manifestation of the concept of heavy penalties. In addition to deterring and punishing crimes, the role of punishment should also be fair and just, and equal in value. In other words, our penalties should be commensurate with the seriousness and severity of the offenses. But how to achieve reasonable sentencing is also the direction that our judicial practice has been striving for.

The enactment and implementation of laws generally lag behind criminal acts, so that a certain type of criminal phenomenon is preceded by the formulation of corresponding legal sanctions provisions. The deterrent effect is enormous, playing a social role in preventing crime and preventing more people from committing crimes.

The enactment of a single law is often the result of the discovery that some social phenomenon in an area where there is a gap in the existing law has undermined the original public order and morals and is showing signs of expansion. Legislation must be enacted to stop it. For example, the emergence of crimes such as Internet fraud is a particularly obvious example.

The role of the law: to punish all violations of the law to assume the responsibility that should be borne. Laws and systems are excellent, depending on whether the implementation is excellent or not, power supervision is crucial.

Crocodile tears aren't shed when you know you're wrong, they're shed when you regret how you slipped through the cracks and got caught.

Enforce the law and punish those who break it

The law is a ruler used to punish criminals, according to the law should be born is a moral culture, rather than the law made into a textbook to teach regular people! Moral culture is broad and virtuous, a little bit can be tree ......

Does the law wait to punish crime? Or does it use deterrence to prevent crime?
Both serve a purpose! The ultimate purpose of the law is to safeguard the legitimate rights and interests of the state, the collective and the citizens! For all violations of the legitimate rights and interests of the state, the collective and others, through strict law, strict law enforcement, strict justice, to punish those who commit crimes. Through the punishment of criminal behavior, with education, awakening, deterrence (deterrent) way to prevent crime, eliminate crime. (Case have questions private letter me)

Strict and harsh laws should be enacted and strictly enforced to prevent unnecessary harm before it occurs.