The Foundation of the Belief in the Criminal Law

The criminal law as a norm together with actually legislation or judicature is deeply rooted in a certain specific culture and social institution.The criminal law nevertheless,must reflect some desires of human beings in that only the value expectation of the citizens as is genuinely represented by the criminal law,can the criminal law be obeyed and,can its own vitality be presented.Thus we can see that the obtainment of the belief in the criminal law reveal the following process interaction: the criminal being the general charter guaranteeing and developing the human rights and so we have focused the foundation of the criminal law.At the same time,the citizens may firmly believe the criminal law by observing and maintaining its value.The foundation of believing the criminal law is deeply noted in the expectation of the people without behaving against common sense,general knowledge and general reason. Therefore,if the existent criminal law of China intends to obtain its belief from the citizens,it shall at least achieve in the subsequent aspects: genuine transfer of its value fair interpretation of the criminal penalty,transfer of popularizing criminal law.