On The Constitution Regulation To The Criminal Law

We advocate the rule of law in China today, discuss and research the regulation of the criminal law rules and regulations by the constitution for the purpose to protect the human rights and push forward the realization of the constitutional government in China, which is of great significance both in theory and in practice.The criminal rule of law means that there should be a justice system in the criminal law area, the justice system not only to restraint the citizen, but more importantly to bind the State, so as to can prevent the abuse of the penalty power, and can protect the human rights. The criminal rule of law should be the constitution as its foundation, because the constitution is the foundation of the origin and development of the criminal law.Since the criminal rule of law takes the constitutional as its foundation, then it is necessary for the criminal law to be regulated by the constitution . This thesis tries to discuss and research criminal rules and the penalty power from this review of constitutionality and due process of law.The criminal law is formulated in accordance with the constitution. The essence of the rule of law is to rule a nation according to the constitution. The crime punishment legal principle is written down in the constitution in the majority countries and the international treaties, and has been acknowledged by the international law. Therefore, the crime punishment legal principle not only is a criminal law principle, more importantly it is a constitution principle. The crime punishment legal principle requires that criminal activity legislation should be authorized to formulate the law by the legal state agency (the National People's Congress and its Standing Committee in China),and the criminal law standard (article) should be clearly stated, forbid formulating afterwards method, forbid analogizing, forbid the brutal penalty .The penalty power as a national power, is to protect the civil rights and the freedom of the citizens. Because the penalty power is a destructive power, therefore we must regulate it by due process of law. It is necessary that the penalty power should persist in humanity and the limit of the penalty.No matter from the regulation of the criminal law by the crime punishment legal principle or due process of law to control the penalty power, the ultimate purpose is to protect the human rights and gurantee human freedom.