On the Issues about the Guarantee of Human Rights in the Criminal Law
HE Cheng-bin
Abstract
HE Cheng-bin
Abstract
In the modern society,which is ruled by law,law has decisive significance in confirming and guaranteeing human rights.As to the nature of the guarantee of human rights in the criminal law,the specialties of the criminal norms lead to the negative guarantee of human rights.However,there are also positive aspects.When it comes to the scope and the content of the guarantee of human rights,criminal law is both universal and special.The human rights safeguarded by the criminal law are not common rights,nor moral rights,but legal rights regulated by other laws.As to the object of the guarantee of human rights,criminal law protects not only the human rights of criminals but also the human rights of all the citizens.
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In the modern society,which is ruled by law,law has decisive significance in confirming and guaranteeing human rights.As to the nature of the guarantee of human rights in the criminal law,the specialties of the criminal norms lead to the negative guarantee of human rights.However,there are also positive aspects.When it comes to the scope and the content of the guarantee of human rights,criminal law is both universal and special.The human rights safeguarded by the criminal law are not common rights,nor moral rights,but legal rights regulated by other laws.As to the object of the guarantee of human rights,criminal law protects not only the human rights of criminals but also the human rights of all the citizens.
Key concepts: Human rights, Law, Criminal law, Political science, International human rights law, Fundamental rights, Reservation of rights, Principle of legality