The Evolution Of The Image Of "Human" In Criminal Law

The opinion about "human" in criminal law refers in the viewingof the experts in criminal law, the essential characteristic of human(mainly refers to the offenders), as well as the overall image of offenderwhich decided by these essential characteristic. Since more than 200 yearsbefore, the theory of criminal law has developed and enriched unceasingly.In the different scholars' viewing, "human" has different images, suchas rational person, born offenders, weaker and so on. This series of imagesvariation cannot simply dues to the transformation of research paradigmof the criminal law theory. Conversely, this article thought theunderstanding about "human" guides the theory construction of criminallaw in certain degree.This article attempts to embark from historical viewing of thecriminal law theory, to comb the evolution course of the opinions of human,discussing some "human" images in the criminal law since Becarria, thereasons which bring these images, as well as the influence on thedevelopment of the criminal law theory. In fact, the understanding of"human" guides the construction of criminal law theory in certain degree.This may be regarded as one evolution rules of the criminal law theory. Master this rule, selecting this perspective could be helpful in deepeningour understanding of the criminal law, and would grasp its future.This article includes five parts:The first part is the preface, mainly introducing the primary writingintention discussing the historical background of the evolution of theopinion about the "human" in criminal law.The first chapter analysis is about the opinion about "human" inthe classical scholarship era, pointing out that, the "human" mainlyappeared in an abstract rational person's appearance. This imagepromoted the construction of the classical criminal law theory.The second chapter discusses the "human" image in the positivismviewing, namely the born offender in Lombroso's theory. This imageimpelled the reconstruction of criminal law theory.The third chapter inspects the "human" image in the contemporarycriminal law, that is dialectic anthroposophy, which attempered theconflict between the opinion of abstract rational person and the opinionof dangerous individual. It become the basis of eclectic criminal law.The fourth chapter discusses the influence and elicitation, broughtby the deconstruction of person in post-modernism.The later four chapters also analyze the reasons why these opinionsemerge.