Study On The Outlook On Criminal Law From The View Of People’s Livelihood In The Perspective Of Constitutional Human Rights

This paper, from the perspective of constitutional human rights, has a systematic study on the outlook on criminal law from the view of people’s livelihood. The outlook on criminal law is the basic standpoint, basic opinion and basic attitude of major theoretical issues of criminal law. As a department law, criminal law should be based on the Constitution, therefore, the development of constitutional concept will inevitably has impacts on the outlook on criminal law.As the reform and openness have deepened, and the authorities attach great importance to people’s livelihood, the Constitution pays more attention to the safeguard of human rights by taking the protection and safeguard of human rights as a constitutional principle. This is bound to put forward higher requirements for criminal law, not only in theory, but also on legislation, judicature and enforcement of law which all have new trend in practice. At present, the authorities attach great importance to people’s livelihood. Influenced by the theory and practice of constitutional human rights, there is a new outlook on criminal law emerging in criminal law theory, which can be called as the outlook on criminal law from the view of people’s livelihood. This new outlook on criminal law, which is human rights-centered and takes the protection of human rights as its basic function, is quite different from the traditional outlook on criminal law, which is stability-centered and takes the crack down of criminals as its basic function. Therefore, it is necessary to summarize the basis, the value and basic requirements of this new outlook. In recent years, there are many papers that have a study on the development and evolution of the outlook on criminal law. However, there are few papers systematically studying on the outlook on criminal law from the perspective of constitutional law.Inspired by the outlook on constitutional human rights, to study the outlook on criminal law from the view of people’s livelihood under the constitution is of more significance. This paper has a study on the emergence, contents, characteristics, values, basic principles, basic requirements, and practice of the current outlook on criminal law from the perspective of human rights protection which is the eternal pursuit of constitutional law.The paper is divided into five parts.The first part explains the ultimate value of the constitutional law and the outlook on criminal law from the view of people’s livelihood, focusing on that the protection of human rights is the eternal pursuit of constitutional law, people’s livelihood is an important part of human rights, the improvement of people’s livelihood is bound to be protected by criminal law, which is also a necessity of historical development.The second part discusses the basic issues of the outlook on criminal law from the view of people’s livelihood, including theoretical basis, values, basic principles and functions.The third part undertakes basic requirements of the outlook on criminal law from the view of people’s livelihood, which are appropriately criminalized, the mitigation of punishment, tempering justice with mercy, and judicial humanization.The fourth part elaborates the realization of the outlook on criminal law from the view of people’s livelihood in practice, including criminal legislation, criminal justice, and the implementation of punishment.The fifth part discusses several issues related to the outlook on criminal law from the view of people’s livelihood, including the constitutionalization of principles of criminal law, the improvement of criminal judicial interpretation, and the restriction on the death penalty.