An Analysis on the Conception of Criminal Law Modernization in China

Nowadays,China is leading to modernization.In order to pursue the times and involving the current of civilization in world,it is necessary for criminal law in China to update.Modernization on the conception of criminal law is first in criminal law modernizing.Crime and punishment set by statute is the most obvious symbol in conception of modern criminal law,which is included in the whole criminal law.However,in Chinese criminal law,crime and punishment set by statute is only seeming.Theory of crime constitution is foundation of conception of crime in modern criminal law.However,in Chinese criminal law,criminal composition is only into crime,but not out crime.Theory of punishment combining which not only can revenge but also can prevent all responds the conception of modern punishment.However,in Chinese criminal law,severity of punishment in history is still.These conceptions respond the inclining of that the people see more advantages to social benefit and national power,while outweigh individual￠s benefit and rights.It should be basic means and necessary selection that constituting modern criminal law in China through the kind of conception of making human as standard and concerning with human rights protection.