On The Principle Of Prescribed Punishment For Specified Crime

Through the investigation of historical source, philosophy foundation and theoretical foundation of the principle of prescribed punishment for specified crime and on the base of analyzing the value of human rights contained in it, this paper compares the destiny trend of principle of prescribed punishment for specified crime between two fundamental laws, and has reviewed the regret lying in the principle of prescribed punishment for specified crime in China . At last, the writer attempt to stand at a higher aspect to think from legislating, all administration of justice and external environment conditions , in order to perfect and improve the realization of the principle of prescribed punishment for specified crime in our country, and proposes introduction of the principle of prescribed punishment for specified crime to the constitution legally, criminal legislative hearing, violation of the constitution check and with criminal judicial modest to restrain idea and procedure set-up of presumption of innocence view of principle, meanwhile, to expound to strengthen citizen stratum this social base to crime legal cultivation .The paper is divided into the following 8 parts.The First part: Introduction. In this part ,the purpose, the significance and the method of the research of this text is discussed.The second part: In this part, the historical development of the principle of prescribed punishment for specified crime is deeply investigated,which established the foundation of the accurate understanding of the principle of prescribed punishment for specified crime .The third part: From the aspect of philosophy and the source of theory, the ideological roots and political background of the principle of prescribed punishment for specified crime is probed into .The author mainly discusses the theory base of thecontemporary principle of prescribed punishment for specified crime --humanismand rationalism.The fourth part: The value to the legal principle of prescribed punishment for specified crime is described in detail, and the author points out that the basic value of is to secure the human right and limit penalty.The fifth part: From the standpoint of comparison of the civil law and the common law, the conclusion that the principle of prescribed punishment for specified crime in various countries have already had the dual significances of the procedure and the substantive law and the trend of the principle of prescribed punishment for specified crime stipulated the constitution can be drew.The sixth part: The above-mentioned conclusions reflect the deficiency of the principle of prescribed punishment for specified crime in our country existed, with the hope of guiding the direction further.The seventh part: From the four perspectives of the system of constitutional government, the judicial ideas the contentious procedures the social structure, the author have analyed deeply all factors which influenced realization of the principle of prescribed punishment for specified crime in our country, with the hope of creating looser environment for realization of the legal principle of crime and punishment in our country.The eighth part: Conclusion. Summarizing the whole paper , the author pointed out that the writing into criminal law code does not mean the accomplishment of the principle of prescribed punishment for specified crime, and we still have long way to go in establishing and perfecting the related system and conditions.