Paradox And Surpass: Human Care In Criminal Law

criminal law is an applied discipline. In China, for a long time, the study on the judicial practice of criminal law is more emphasized by academic circle, while the theoretic study on the human basis and value orientation of criminal law which are implied deeply in criminal law is relatively disregarded. In particular, in the context that criminal law is regarded as the tool of striking crimes by ruling class, there has been existed many disputes as to whether criminal law should be based on human orientation and human care. Through a discussion on the implications and characteristics of human care,this paper finds that human care falls into the category of the area valuation, and have such characteristics as multi-factor, development, internality and nation. Through the review of human care in the history of criminal law from the perspectives of history and comparative science,and through the analysis of the legal culture, economic basis and political structure which affect the existence and development of human care ,this paper further explains that though there are many differences between Chinese criminal law and foreign criminal laws in the value orientation and ideology, there are, to certain degree, similarities and tallies in the respect of human care. Meanwhile, from the perspectives of criminal justice and the rule of law in criminal matters, this paper analyzes the internal structure of human care in criminal law so as to deepen the knowledge to the value and legitimacy. From the perspectives of the class nature and social nature of criminal law, this paper also analyzes the external contradiction and internal paradox of criminal law and then points out that the contradictory choice is in effect a choice of value in criminal law,and such a choice should first meet the basic demands of human beings. Finally, this paper makes brief comments on the practice of human care in china's current criminal law. In particular, through the probe into the human care from perspectives of the safeguard of human rights, humaneness of punishment and the ethics of criminal law, this paper analyzes the progress and defects of current China's criminal law with the hope to offer some suggestions to the completion, perfection and surpass of criminal law.