Show pageOld revisionsBacklinksBack to top This page is read only. You can view the source, but not change it. Ask your administrator if you think this is wrong. ====== xíngfǎ: 刑法 - Criminal Law, Penal Code ====== ===== Quick Summary ===== * **Keywords:** 刑法, xíngfǎ, xingfa, Chinese criminal law, penal code in China, Chinese law, what is xingfa, 刑法 meaning, crime in China, punishment in China, legal system in China. * **Summary:** The Chinese term **刑法 (xíngfǎ)** is the direct equivalent of **Criminal Law** or the **Penal Code**. It is the formal body of law that defines what constitutes a crime in China and stipulates the corresponding punishments. Understanding **xíngfǎ** is crucial for anyone interested in the Chinese legal system, modern governance, and the cultural values surrounding justice and social order. This guide provides a deep dive into its meaning, cultural context, and practical usage. ===== Core Meaning ===== * **Pinyin (with tone marks):** xíngfǎ * **Part of Speech:** Noun * **HSK Level:** N/A (Specialized Term) * **Concise Definition:** The body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties for convicted offenders. * **In a Nutshell:** Think of **刑法 (xíngfǎ)** as the official rulebook for what society deems a serious wrongdoing. It's the law that deals with crimes like theft, assault, or murder, as opposed to civil disputes like contract disagreements. It reflects a government's primary duty to maintain social order and protect its citizens by defining unacceptable behavior and its consequences. ===== Character Breakdown ===== * **刑 (xíng):** This character's ancient forms often depict punishment devices, such as a stock or a knife. Its core meaning is "punishment," "penalty," or "sentence." It points to the consequence aspect of the law. * **法 (fǎ):** This character means "law," "method," or "standard." The water radical (氵) on the left is often interpreted as representing levelness and fairness, like the surface of still water. * When combined, **刑法 (xíngfǎ)** literally means "punishment law." It's the specific set of laws dedicated to defining crimes and their punishments, making its meaning very direct and clear. ===== Cultural Context and Significance ===== * **Legalist Roots and Confucian Influence:** The concept of **刑法** in China is deeply influenced by the ancient philosophical school of Legalism (法家, fǎjiā). Legalism advocated for the use of strict, publicly known laws and harsh punishments to control human behavior and maintain state power. This stands in contrast to Confucianism, which emphasized moral cultivation and rule by virtue (礼, lǐ) to achieve social harmony. Modern Chinese law is a complex blend of these historical influences, socialist legal theory, and adopted elements from Western civil law systems. **刑法** is the modern embodiment of the state's authority to enforce social order. * **Comparison with Western "Criminal Law":** While **刑法** and "Criminal Law" are functional equivalents, their philosophical underpinnings can differ. In many Western legal traditions, criminal law is heavily focused on protecting individual rights and liberties from government overreach (e.g., "innocent until proven guilty"). In the Chinese context, while individual rights are legally protected, there is often a stronger emphasis on maintaining collective social stability and harmony. The **刑法** is seen as a primary tool for achieving that stability. It's less about an adversarial contest between the individual and the state, and more about the state investigating and correcting a breach of social order. ===== Practical Usage in Modern China ===== * **Formality:** **刑法** is a formal, technical term. It is used in official, legal, academic, and journalistic contexts. You would not use it in casual, everyday conversation unless you are specifically discussing a legal case, a new law, or a crime reported in the news. * **Contexts of Use:** * **News Media:** Journalists frequently cite the **刑法** when reporting on criminal cases, trials, and legal reforms. * **Legal Profession:** For lawyers (律师), judges (法官), and prosecutors (检察官), the **刑法** is their primary text and tool. * **Academic Discussion:** Scholars in law, sociology, and political science analyze the **刑法** and its societal impact. * **Government Documents:** All legislation, amendments, and interpretations related to criminal justice are framed within the **刑法**. ===== Example Sentences ===== * **Example 1:** * 根据中国**刑法**，盗窃罪会受到严厉的惩罚。 * Pinyin: Gēnjù Zhōngguó **xíngfǎ**, dàoqièzuì huì shòudào yánlì de chéngfá. * English: According to China's **Criminal Law**, the crime of theft is met with severe punishment. * Analysis: This is a typical formal statement you might hear in a news report or official context, citing the **刑法** as the source of authority. * **Example 2:** * 他因为违反了**刑法**而被逮捕了。 * Pinyin: Tā yīnwèi wéifǎn le **xíngfǎ** ér bèi dàibǔ le. * English: He was arrested for violating the **Criminal Law**. * Analysis: A straightforward sentence explaining the cause-and-effect relationship between an action and its legal consequence under the **刑法**. * **Example 3:** * 他是专门研究**刑法**的法学教授。 * Pinyin: Tā shì zhuānmén yánjiū **xíngfǎ** de fǎxué jiàoshòu. * English: He is a law professor who specializes in **Criminal Law**. * Analysis: Shows how **刑法** is used to define a field of academic study or professional expertise. * **Example 4:** * 这次**刑法**修正案引起了社会各界的广泛讨论。 * Pinyin: Zhè cì **xíngfǎ** xiūzhèng'àn yǐnqǐ le shèhuì gèjiè de guǎngfàn tǎolùn. * English: This amendment to the **Criminal Law** has sparked widespread discussion across all sectors of society. * Analysis: Demonstrates the dynamic nature of the law. The **刑法** is not static; it is amended over time. * **Example 5:** * 每一个公民都应该了解基本的**刑法**知识。 * Pinyin: Měi yí ge gōngmín dōu yīnggāi liǎojiě jīběn de **xíngfǎ** zhīshi. * English: Every citizen should understand basic knowledge of the **Criminal Law**. * Analysis: This sentence expresses a civic ideal—that citizens should be aware of the laws that govern them. * **Example 6:** * 他的行为是否构成犯罪，需要根据**刑法**的具体条文来判断。 * Pinyin: Tā de xíngwéi shìfǒu gòuchéng fànzuì, xūyào gēnjù **xíngfǎ** de jùtǐ tiáowén lái pànduàn. * English: Whether his actions constitute a crime needs to be determined according to the specific articles of the **Criminal Law**. * Analysis: Highlights that the **刑法** is a detailed legal code with specific articles (条文) for defining crimes. * **Example 7:** * 律师引用了**刑法**第二百三十二条为被告辩护。 * Pinyin: Lǜshī yǐnyòng le **xíngfǎ** dì èrbǎi sānshí'èr tiáo wèi bèigào biànhù. * English: The lawyer cited Article 232 of the **Criminal Law** to defend the accused. * Analysis: A very specific and practical example of how the **刑法** is used in a courtroom setting. * **Example 8:** * 酒后驾车现在已经被写入**刑法**。 * Pinyin: Jiǔhòu jiàchē xiànzài yǐjīng bèi xiěrù **xíngfǎ**. * English: Drunk driving has now been written into the **Criminal Law**. * Analysis: Shows how new societal problems lead to changes in the **刑法**, criminalizing behaviors that were previously treated less severely. * **Example 9:** * 这部电影探讨了**刑法**与人性的冲突。 * Pinyin: Zhè bù diànyǐng tàntǎo le **xíngfǎ** yǔ rénxìng de chōngtū. * English: This movie explores the conflict between **Criminal Law** and human nature. * Analysis: An example of using the term in a more abstract, philosophical, or artistic context. * **Example 10:** * 如果不懂**刑法**，你可能会在不知不觉中触犯法律。 * Pinyin: Rúguǒ bù dǒng **xíngfǎ**, nǐ kěnéng huì zài bùzhī-bùjué zhōng chùfàn fǎlǜ. * English: If you don't understand the **Criminal Law**, you might break the law without even realizing it. * Analysis: A practical warning about the importance of legal awareness. ===== Nuances and Common Mistakes ===== * **刑法 (xíngfǎ) vs. 法律 (fǎlǜ):** This is the most critical distinction for a learner. * **法律 (fǎlǜ):** This is the general, all-encompassing word for "law." It includes criminal law, civil law, administrative law, contract law, etc. It is the entire legal system. * **刑法 (xíngfǎ):** This is a *specific branch* of 法律 (fǎlǜ) that deals *only* with crime and punishment. * **Analogy:** Thinking **刑法** means all "law" is like thinking "felony" is the same as "the law." A felony is a type of crime, just as **刑法** is a type of law. * **Incorrect Usage:** //"You must follow the 刑法."// (Incorrect if you mean general laws like traffic rules). * **Correct Usage:** //"You must follow the 法律 (fǎlǜ)."// (Correct for general obedience to all laws). //"Murder is a violation of the 刑法 (xíngfǎ)."// (Correct for a specific criminal act). ===== Related Terms and Concepts ===== * [[法律]] (fǎlǜ) - The broad term for 'law' in general. **刑法** is one type of **法律**. * [[民法]] (mínfǎ) - Civil Law. The counterpart to **刑法**, dealing with disputes between individuals or entities (e.g., contracts, property, marriage). * [[犯罪]] (fànzuì) - (v./n.) To commit a crime; a crime. This is the act that is defined and punished by the **刑法**. * [[法治]] (fǎzhì) - Rule of Law. The broader political and philosophical concept that a country should be governed by laws, not by arbitrary decisions of individual officials. * [[律师]] (lǜshī) - Lawyer. A legal professional who works within the framework of the **刑法** and other laws. * [[法官]] (fǎguān) - Judge. The official who interprets and applies the **刑法** in a court of law. * [[警察]] (jǐngchá) - Police. The law enforcement body responsible for investigating violations of the **刑法**. * [[判决]] (pànjué) - Verdict; court ruling. The formal decision made by a judge, based on the **刑法**. * [[嫌疑人]] (xiányírén) - A suspect. A person suspected of committing a crime under the **刑法**. * [[罪名]] (zuìmíng) - The charge; the name of a crime (e.g., "the charge of theft"). These are defined in the **刑法**.