On The Basic Characteristics Of Legal States

This dissertation tries to expound the basic characteristics of legal state in theory. The author points out that: the ideal characteristics of legal state is supremacy of law, which not only requires the supreme authority in form of law, but also has its specific pursuit of value in theory, and there are many external manifestations in practice, such as legal belief, administration by law and principle of a legally prescribed punishment for a specified crime and so on; The characteristic of regulation of legal state is benign legality, the basis of benign legality is the benign system, and the premise is the democracy of legislation, and the safeguard is benign constitution and its operation; the procedural characteristics of legal state is justice of judicature, which on the one hand embodies as whether judicature accords with the fair and just regulation of law, one the other hand embodies as whether judicature conforms to citizens' requirement of justice; the characteristics of purpose of legal state is the safeguard of human right, the premise of safeguard of human right is standard of right, the core is control of right, the obvious embodiment is presumption of innocence, and the remarkable consequence is humanitarian of criminal punishment.