On Criminal Law Of Human Rights Protection

Criminal law of human rights protection is the should-be criminal law which is set up on the basis of the constitutional principle of people's authority of nation,which demands the state to take the protection of human rights as ultimate aim of criminal jurisdiction. In my view, in a certain historical circumstances, the rights of the people can be in harmony with the state authority. Actually in the present climinal theory, the idea of human rights protection is absolutely contradictory with the idea of national authority. In this article,I have made an analysis on the value of the Protection of human rights in criminal jurisdiction, taking the theory of human rights protection as the developing trend in the future criminal theory, First it can prevent the national misuse of penalty, set up the idea of human rights protection in the substantial and procedural laws, including the legal conception of conviction by law and in proper procedure and presumption of innocence which should be the key part of criminal culture. Second, in our traditional cultural circumstances which put more emphasis on people's duties disregarding the human rights, establishing human rights protecting criminal theory and broad acceptances is a shortcut way to remove accumulated malpractice in the traditional criminal culture. Third, the protection of human rights will surely be promoted to the criminal policy to guide logos re-construction of criminal regulations which is necessary process to reach the rule by law, Fourth, the criminal law of human rights will Provide the basic strength to the enforcement of law.In order to prove the Tightness of the criminal law of human rights protection, I provide five equations from the constitution which is the base of criminal law to prove the relative propositions, which is as follows: criminal law of state authority is equal to the criminal law of rigbts; criminal law of human rights is equal to the criminal law of rights; the difference between the criminal law of state authority is equal to the difference between...