On Humanism Of Criminal Legislation In China

Man is a kind of animal, which determines that the humanity must contain animalism. But humanity has more important significance in its sociality, which is the essential difference between human and animal resides. Because of this, the study of humanity has very important practical significance. Humanism plays an important role in today's society, and law is very important. Since the humanism has become a trend of this world, the importance and necessity of the humanism of criminal legislation is self-evident.To understand the humanism of criminal legislation, we should first understand what humanity is. About the concept of humanity, Chinese and western have had a dispute since the ancient times, which is still unable to agree and yet remains to be seen. But clearly, humanity is made of animalism and sociality. Through the human concept, content, character of research and analysis, we can find that, avoiding harms and interest selection is the kernel of humanity, which is derived the other kinds of humanity. But humanity is always around avoiding harms and interest selection, which is the guide to action for mankind. In criminal legislation we can't ignore or even avoid this humanity kernel, on the contrary we should understand, respect, conform to the requirements of it, which is also the foundation of the humanism of criminal legislation. From different analysis, we can make different human divisional, which can be divided into two categories or four levels. The two categories is refers to the unity of animalism and sociality, and the four levels is refers to the degree of humanity, according to its needs from low to high, which can be divided into born desire, materialism, lust and lust of power. This will distinguish us to understand the relationship between humanity and crime, which has very important practical significance. The integrity and no difference characteristics in humanity determine the importance of the humanism of criminal legislation.After that, we must first understand the concept, characteristic, history and status of the humanism of criminal legislation and why we should undertake it. This is the necessity of the humanism of criminal legislation. Secondly, we should understand the principle of the humanism of criminal legislation, which namely won't be excessive harm public interests. Finally, we should get to know the approach of the humanism of criminal legislation. This is the feasibility of the humanism of criminal legislation.But the humanism of criminal legislation must be implemented. We can make the criminal law humanized with the humanity regulations. And the criminal law shall be corrected from human point of view, in order to make our country's criminal law accord with the humanized demands, which will make it have a strong suitability and elastic, the stronger vigor and vitality. Specifically, the humanism of criminal legislation is primarily through limits to abolish the death penalty, the elderly and disabled persons shall be comforters, such as vulnerable groups of kinship crime shall be innocent or light-crucifixion and opposite desire, materialism, lust, lust of power, which will inevitably lead to the crime, shall be innocent or light-crucifixion to reflect.