On Conceptual Updating of Criminal Law——Reflection on the Construction of Harmonious Society
Tan Shao-mu
Abstract
Tan Shao-mu
Abstract
The human rights concept is in the continuous advancement now in China.On the one hand criminal regulation keeps expanding,but on the other hand it is the most possible that our social harmony be threatened.Therefore at this age the notion of criminal law should be updated accordingly.That is,criminal law should be constitutionalism-oriented,no crime,then no punishment as the principle,the necessary punishment is needed in order to guarantee human rights and protect our society,and restrained criminal law is advocated to show humane consideration.
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The human rights concept is in the continuous advancement now in China.On the one hand criminal regulation keeps expanding,but on the other hand it is the most possible that our social harmony be threatened.Therefore at this age the notion of criminal law should be updated accordingly.That is,criminal law should be constitutionalism-oriented,no crime,then no punishment as the principle,the necessary punishment is needed in order to guarantee human rights and protect our society,and restrained criminal law is advocated to show humane consideration.
Key concepts: Criminal law, Law, Harmony (color), Punishment (psychology), Political science, Harmonious Society, Human rights, Constitutionalism