Significance and function of proviso in criminal law

However, the book stipulates the exceptions that criminal law does not consider as crimes. This is an important supplement to the concept of crime. Is never considered as an exception to crime, explains what a crime is, and further draws a clear line between crime and non-crime. "If the circumstances are obviously minor and the harm is not great, it is not considered a crime", that is, although the perpetrator's harmful behavior is prohibited by the criminal law, the circumstances are obviously minor and its social harm has not yet reached the level of punishment (that is, punishment), so the law does not consider it a crime. This provision of the criminal law on the concept of crime excludes a large number of behaviors that are in line with the characteristics prohibited by the criminal law in form and have certain social harm, but the circumstances are obviously minor.

At present, "proviso" plays an extremely important role in China's criminal justice practice, and it is very necessary to take "proviso" as the basis when committing a crime. In fact, "proviso", as a norm in criminal law, has played a role in forcing judges to make substantive explanations in favor of defendants and exclude punishable acts to a certain extent in judicial practice. In criminal defense, the proper use of the "proviso" clause can play the role of excluding extra-legal reasons and responsibilities, and then make the cases that are difficult to commit crimes under the influence of the principle of legally prescribed punishment for a specified crime be implemented smoothly.

But most books are exceptions, restrictions, opposites or supplementary provisions to the previous paragraph. Mainly includes the following situations:

1, which constitutes a restrictive relationship with the preceding paragraph.

2. It constitutes a special relationship with the previous paragraph.

3. It is complementary to the previous paragraph.

It has the opposite relationship with the previous paragraph.

legal ground

criminal law

Article 13: endangering state sovereignty, territorial integrity and security, splitting the country, subverting the people's democratic dictatorship and overthrowing the socialist system, disrupting social and economic order, infringing on state-owned property or property collectively owned by the working people, infringing on citizens' personal rights, democratic rights and other rights, and other acts endangering society that should be punished according to law are all crimes, but the circumstances are obviously minor and the harm is not great.