Western Natural Law Trend Of Thought And Concept Foundation Of Legal Principle Of Crime And Punishment

Legal principle of crime and punishment, as an "emperor" Principle of criminal law, has been confirmed in the new Criminal Law in our country, which marks that criminal law in our country is transformed from "criminal law of identity" into "criminal law of contract", and declares publicly the enhancement of human rights and the degree of human revalorization. Western natural law school formed the humanity theory, theory of natural rights, theory of freedom, theory of separation of three powers, theory of social compact, theory of democracy, theory of human rights and theory of constitutionality etc. All the theories are the results of changes of natural law trend of thought. Meanwhile, its theoretical view, judicial view and value have been rising with the changes of natural law. They put forward doctrine of a legally prescribed punishment for a specified crime from different angles and field of vision.After every stage, our understanding of this principle is improving. At the same time, the problem in the process of this principle's legislation and judicature is outstanding. We should ponder the reality and supplement, enrich and perfect China's theory of a legally prescribed punishment for a specified crime.This thesis systematically analyzes the concept foundation on which the legal principle of crime and punishment establishes. Firstly, this thesis interprets that it offers a general introduction of the basic concept of the western natural law. Secondly, it talks the origin and meaning of legal principle of crime and punishment and expounds that it especially focuses on the concept foundation of legal principle of crime and punishment, liberalism thought, separation of three powers, psychology force, social contract theories, democracy, human rights and law. Then it introduces the value foundation of the legal principle of crime and punishment. Finally, it points out some misunderstandings which exist in judicial practices when the legal principle of crime and punishment is applied to, and therefore puts forward some relevant suggestions.