The Value Orientation of the Function of Chinese Criminal Law
M L' -Ofessor Hen
Abstract
M L' -Ofessor Hen
Abstract
From the point of value,the function of criminal law consists of function of maintaining social order and function of safeguarding human right.There are both unity and conflict between the two functions.Placing the problem in a broader social dimension to inspect,through the integrated criminal thinking to coordinate the relationship of the two is an effective way to solve the contradiction.Referring to Chinese traditional legal culture,the contemporary situation of social crime as well as the prison execution performance,combined with modern criminal theory,considering all these aspects it comes to a more rational conclusion of the right position of it.
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From the point of value,the function of criminal law consists of function of maintaining social order and function of safeguarding human right.There are both unity and conflict between the two functions.Placing the problem in a broader social dimension to inspect,through the integrated criminal thinking to coordinate the relationship of the two is an effective way to solve the contradiction.Referring to Chinese traditional legal culture,the contemporary situation of social crime as well as the prison execution performance,combined with modern criminal theory,considering all these aspects it comes to a more rational conclusion of the right position of it.
Key concepts: Contradiction, Function (biology), Criminal law, Safeguarding, Prison, Law, Value (mathematics), Order (exchange)