2010•Journal of Fujian Police CollegeRequires access

The Chinese Interpretation of Constitution Law Restricting Criminal Law

Guangyu Zhang

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Abstract

Constitution and criminal belong to public law,both respected by public power.They thus have formed a special relationship which makes restricting criminal law a worldwide proposition democratic politics can not avoid.In fact,it is better to control criminal by constitution rather than by the government.Constitutional can impose political influence on criminal law,but its width and depth are restricted.If the inherent value of criminal has conflict with constitutional law,the principles of constitutional are the criteria.How the externalized interaction between constitutional and criminal becomes the asylum of hidden rights and power game,when the sovereignty is replaced as management power,and formulates criminal in its name to control citizens is an important project in theory.If we integrate related propositions and deduce theories according to Chinese reality-including the current legal ideas,framework,life,achievements and so on-the added value of this periphery theory will be raised.

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Constitution and criminal belong to public law,both respected by public power.They thus have formed a special relationship which makes restricting criminal law a worldwide proposition democratic politics can not avoid.In fact,it is better to control criminal by constitution rather than by the government.Constitutional can impose political influence on criminal law,but its width and depth are restricted.If the inherent value of criminal has conflict with constitutional law,the principles of constitutional are the criteria.How the externalized interaction between constitutional and criminal becomes the asylum of hidden rights and power game,when the sovereignty is replaced as management power,and formulates criminal in its name to control citizens is an important project in theory.If we integrate related propositions and deduce theories according to Chinese reality-including the current legal ideas,framework,life,achievements and so on-the added value of this periphery theory will be raised.

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Available abstract

Constitution and criminal belong to public law,both respected by public power.They thus have formed a special relationship which makes restricting criminal law a worldwide proposition democratic politics can not avoid.In fact,it is better to control criminal by constitution rather than by the government.Constitutional can impose political influence on criminal law,but its width and depth are restricted.If the inherent value of criminal has conflict with constitutional law,the principles of constitutional are the criteria.How the externalized interaction between constitutional and criminal becomes the asylum of hidden rights and power game,when the sovereignty is replaced as management power,and formulates criminal in its name to control citizens is an important project in theory.If we integrate related propositions and deduce theories according to Chinese reality-including the current legal ideas,framework,life,achievements and so on-the added value of this periphery theory will be raised.

Key concepts: Law, Public law, Constitution, Criminal law, Political science, Criminal procedure, Sovereignty, Constitutional law

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