Ethical Basis Of The Criminal Law

This dissertation has probed into the basic relation between criminal law and ethics in order to offer the value orientation for the criminal law rationalization. It starts from the crisis which the modem civilization and modern criminal law confronts, and from the relations between human nature, morality, ethics, law and criminal law draws the conclusion that criminal law cannnot violate ethics.The modern society is faced with the unprecedented threat of the relation between the human being and nature, and the human relation together, and the crisis of modern civilization. The threat comes from the overdue exploitation of the national materials and sources which are the necessity for the human existence and brings the threat of human survival together. The threat comes from the social countermeasures against but never away from conflict, poverty, crime and war and brings the nuclear menance of human self-destruction instead. Before the crisis of modern civilization, human hopes modern rule-of-law is the key force of human rescue and modern criminal law is the last hope of human survival.However, modern criminal law cannot seemingly shoulder the responsibility. The efficiency of criminal law declines roughly with the extreme inflation of the legal clauses and the more application of penalty, which arouses general repugnant. Human right campaigners condemn the too wide scope of its application, and collectivists criticizes its lower efficiency against crime. The existing criminal law needs more theoretical consideration to offer the blue print of improvement for the legislators.But what troubles us most is that the modern criminal jurisprudence is still in its dream ,produces academic barrier and meaningless arguments and does nothing before the severe social situations and sacred theoretical mission. As a result, the criminal jurisprudence which seems to have nothing...