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Correspondence Between System And Ideas: The Realities Of Principle Of Legality In China

Posted on:2005-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:L N ZhouFull Text:PDF
GTID:2156360152966313Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As the fundamental principle of modernization of criminal law, the aim of Principle of Legality is to restrict the state' s power and guarantee the human rights. It implies the worries about morals of criminal legislation and criminal justice, in the same time, the cares for civil liberties and human rights. This dissertation, under the course of Principle of Legality in the richness, makes a probe into the root cause of the absence of this principle in the Chinese traditional society. Then the artic points out, Principle of Legality formed in the 1997' s Chinese criminal law, even so, because of the traditional resistance and the engagement in the rule of law pursuits, the sprit of the principle has not been merged in the system of criminal law, which is especially reflected on the legislative power in which people are too trust to lead it that expands to the state power limits that sets by Principle of Legality, and threatens the human rights directly.So the author wants to explain that what dose Principle of Legality restrict, including both the judicial power and legislative power. As a result, in order to promote the correspondence between the system and ideas, we should express the limited function of Principle of Legality completely, in the meantime, we should go on the expedition to the rule of criminal law in the field of the human rights.
Keywords/Search Tags:Principle of Legality, Principle of Illegality Restriction of state power, Guarantee of human rights
PDF Full Text Request
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