Evolution Of Right And Interest Of China's Criminal Law And The Localization Of Right And Interest' Diversity

It's well-known that judged from the authority and forceof law ,the existing legal systems recognized publicly by themain legal field in the world are the Continental Law and CommonLaw. Because of many historic factors , presently China'slegal system should be defined into the Continental law. In viewof the cause why people need law, Feuerbach called the earliestancestor of modern law by many people thought the cause why lawexists is that law is the means which protects people's allkinds of rights. After Feuerbach presented his opinion aboutthe cause why people need law ,his opinion then became generallyaccepted for a long time .With the development oftime ,Feuerbach's opinion of "protection of rights"couldn't resolves many law issues in reality. Basing onFeuerbach's opinion of "protection of rights ",Birnbaumpresented his opinion about the cause why people need law .Birnbaum thought that law is the means which protects theinterest of law . And now "protection of interest oflaw "becomes popularly accepted by current law field. AsChina's legal system follows the Continental Law tradition ,which decides that Birnbaum's opinion of protection ofinterest of law is also generally accepted by China's lawfield .In deed ,in this article ,the author thinks Birnbaum'sopinion of protection of interest of law can not as Feuerbach'sopinion of protection of rights resolve all legal issues. Inorder to get proper key for resolving legal issues, this articlepresents itself opinion about the problem mentioned above whichis a new concept "protection of right and interest".Basing on the China's reality , China's criminal law is whollydefined into two parts by this article ,that is ancient andmodern . On China's ancient criminal law ,this article thinksthat ancient criminal law only protects a monarch'sinterest .On the contrary ,China's modern criminal law is themeans protecting most people's interest. Law is a kinds ofcultures and every country should have its nationalcharacteristics. Practically, however, China's presentcriminal law has little China's cultural characteristics .Therefore , this article protests China's present criminal lawshould realize localization. In view of localization ofChina's criminal law , this article presents itself blueprint.Following is the proposition of this article . Firstly , in thecourse of sentencing ,judges should be titled more discretionthan any foreign country . Then , when a judge gives his sentenceto certain crime ,he should take Action of relationship andDegree of difficulty for detecting crime as the criterion forsentencing crime. Finally, within legal system, we should takesome effective measures to prevent judges applying theirdiscretion unjustly and prejudiced.