Criminal Law And Human Nature:Critique Reading Of The West Thoughts

In the west law thought, the relation of human nature and criminal law is a subject which has never been neglected. Through the whole course ,there are different changes and types of thoughts.In the old time of human society, the relation of human nature and criminal law was interpreted in the end system; after the beginning of modern time, the focus of human nature and criminal law began to change from reason to the body, at the same time, it inherited the old research way, method and content in some extent; this become more clear in Lombroso's theory and when it met Focault, the power system which was based on body was all revealled, the heart was trembling with the special relation of human nature and criminal law.Through the time, in the end-modern time, we can understand that the relation of human nature and criminal law may been learned in another meaning: human nature is not the ontology base of criminal law any more, it acts as checking and preventing system to the criminal law, and the criminal law gives the limitation of human nature.