On Tolerance Of Criminal Law

In the "people-oriented" as the core of the scientific development concept as theinstruction，constructing the harmonious society has become the epochal theme, and toleranceis the important prerequisite and harmonious society basic spirit. Therefore, the criminal lawtolerance is necessary, but the trend of the Times problem. However, the criminal laweducational world although the criminal law has been involved, tolerance problems and indepth, but not enough system undoubtedly influenced the implementation of the criminal lawtolerance thought. In view of this, the author arrived, trying to multi-disciplinary givenknowledge, the criminal law tolerance problem systematic in-depth research, in order tocontribute to construct harmonious society bit. This article mainly from the following aspectsof the criminal law are studied: tolerance problemOne, the essential meaning of criminal law tolerance. Mainly discusses the generalmeaning, tolerance of criminal law and cirminal law basic connotation tolerance of tolerance,as a necessary limit the logic starting point of this research.Second, the criminal law thoughts origin of forgiveness. The protect of criminal law,discusses the origin of tolerance thought that criminal law ideas do not suddenly lfashedtolerance, but a deep historic background, and at the same time through the criminal law onthe historical evolution of the tolerance thoughts, so that make the past serve the present,briefly methodizing foreign things serve.Three, criminal law intolerant history relfection. Based on the consequences ofpan-moral and its history, and its negative effects of analysis, the paper analysis themalpractices of pan-moral, to break the people to the myth of pan-moral and changes open forthe criminal law tolerance "ice-breaking".Four, the theory according to the criminal law tolerance. First, probes into the philosophyof criminal law according to tolerance. The diversity of the world is the criminal law tolerantontology, the relativity, according to understanding the limitations and error of criminal law,the epistemology tolerance according to the ordinary sex and limitation of the human is thecriminal law tolerance foundation. Secondly, discusses the criminology according to criminallaw tolerance. Due to the complexity of the criminal crime causes the relativity, crime, crimeconcept of diversity of the function of crime, make people know and treat less emotional but had sanity, thus spawned are criminal law. At last, this paper explores the punishment lawaccording to the criminal law tolerance. Criminal law and criminal law the supplementaryfunction of the ensured human rights and the mitigation of the criminal law trend, requirewide with are the cirminal law.Five, the criminal law tolerance social basis. First, probes into the political base of thecriminal law tolerance. The nature of the criminal law KuanYan and regime has close ties.Serious cirminal law with terrorist suitable for principle in the autocratic system, the countryin political width, prevent crime does’nt need much powerful. The democratization of politicallife, is China’s current political the main trend of the criminal law, which is provides politicalcondition of toleration. Secondly, discusses the economic base of criminal law tolerance.History shows that the criminal law of criminal law, economic basis of decisive role incriminal law, economic development has important inlfuence of tolerance. At last, this paperexplores the moral foundation of the criminal law tolerance. Criminal law and morality as thefoundation, as moral tolerance, interpersonal free space expands, moral external mandatorygradually decrease，individual freedom option is more and more big. In this case, the criminallaw to not only possible, but also necessary tolerance.Six，the criminal law of criminal policy oriented. Tolerance Criminal policy is the coreand soul of criminal law, criminal law is the culture and the criminal policy of standard.Therefore, the development of criminal policy for criminal law have direct instructionmeaning. Criminal legislation, by criminal policy guidance criminal policy changes thatcriminal legislation criminal policy changes, if the criminal legislation aspect，attention isinclined to this. As for "crackdown" policy and reflection of the criminal policy of tempeirngjustice with mercy "correction" wide "nip is, it is criminal law of criminal policy toleranceprovides the basis.Seven, criminal law tolerant world trend. World criminal law is toward light directiondevelopment, mitigation of contemporary criminal law reform movement in the world of twothemes are crime and depolarization, rather than crime is changed and depolarization is theembodiment of the criminal law of tolerance. In additiont, abolished the death penaly is nolonger just Shouting sloganstem, also no longer is one of the few countries atpt, but to becomemore and more national legal practice in contemporary world of, tolerance is the general trenddevelopment of criminal law.Eight, the criminal law of China path tolerance. China occupies an important position in the world, should be the world of cirminal law tolerance stream, and make their contribution.But China has its own national conditions, in criminal law, c’ant completely tolerance thepractice of other countries copied, but should be based on the reality of China, and foreignsuccessful experience for reference with Chinese characteristics, out of the way. Tolerance ofcriminal law This article mainly from the cirme of the crime of strictly controlling, the deathpenalty and punishment system of community legislation, etc, the discussion of Chi’nascriminal law the concrete path realize tolerance.