Public Order and Good Principles and Its Revelation on China's Criminal law
Shi Ju-han
Abstract
Shi Ju-han
Abstract
The public order and good principle is the internal demand of the public order and social ethics.It can provide guidance for the social protection function of the Criminal law;the humanity in nature is characterized by the moral reasoning in the Criminal law;The rationality order and reasoning moral is the dual function of the criminal law.It is not only the theory of the criminal law to protect society and the human rights,but also the guide of fostering a rational criminal law.If the public order and good principle is brought into criminal law,it not only provides the legitimacy for intervention in social life support,but also helps to regulate the right of the State penalty,and prompts the State penalty to run rationally.
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The public order and good principle is the internal demand of the public order and social ethics.It can provide guidance for the social protection function of the Criminal law;the humanity in nature is characterized by the moral reasoning in the Criminal law;The rationality order and reasoning moral is the dual function of the criminal law.It is not only the theory of the criminal law to protect society and the human rights,but also the guide of fostering a rational criminal law.If the public order and good principle is brought into criminal law,it not only provides the legitimacy for intervention in social life support,but also helps to regulate the right of the State penalty,and prompts the State penalty to run rationally.
Key concepts: Law, Criminal law, Rationality, Legitimacy, Public law, Theory of criminal justice, Principle of legality, Political science