2007Journal of Anhui UniversityRequires access

On the Issues about the Guarantee of Human Rights in the Criminal Law

HE Cheng-bin

Open publisher page 0 citations

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.

About this research paper

What this paper is about

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.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available 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.

Key concepts: Human rights, Law, Criminal law, Political science, International human rights law, Fundamental rights, Reservation of rights, Principle of legality

Related papers

Back to paper searchBrowse research topicsOriginal source
On the Issues about the Guarantee of Human Rights in the Criminal Law — Research Paper | ScholarLens