2011Journal of Shangqiu Vocational and Technical CollegeRequires access

Thinking of Constructing the Ideal Criminal Law

Haixia Jiang

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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.

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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.

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Available 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.

Key concepts: Criminal law, Law, Criminal procedure, Legislation, Political science, Theory of criminal justice, Public law, Balance (ability)

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