Thinking of Constructing the Ideal Criminal Law
Haixia Jiang
Abstract
Haixia Jiang
Abstract
The key problem of the penal laws is the dynamic balance relation between the criminal law legislation and the criminal judicatory.Since 1997 Criminal Law has been modified,the criminal legislation has been tried to perfect so as for the application and fairness of criminal law application,of which the outcome is unfavorable.The ideal criminal laws take harmony the above two aspects as important mission.This article tries to state from three aspects,rebuilding the penalty purpose,perfecting protection of human rights and restraining criminal law,based on the comparative stabilization of criminal law theory and the philosophical value,in order to exert the function of criminal law in the construction of our penal laws.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
The key problem of the penal laws is the dynamic balance relation between the criminal law legislation and the criminal judicatory.Since 1997 Criminal Law has been modified,the criminal legislation has been tried to perfect so as for the application and fairness of criminal law application,of which the outcome is unfavorable.The ideal criminal laws take harmony the above two aspects as important mission.This article tries to state from three aspects,rebuilding the penalty purpose,perfecting protection of human rights and restraining criminal law,based on the comparative stabilization of criminal law theory and the philosophical value,in order to exert the function of criminal law in the construction of our penal laws.
Key concepts: Criminal law, Law, Criminal procedure, Legislation, Political science, Theory of criminal justice, Public law, Balance (ability)