Criminal Law Human Rights Development Trend Research

"The human rights safeguard" is juxtaposes in the criminal law study with "the protection society" under the criminal law two big functions one kind of function. But in modern society, its significance already by far was bigger than just one kind of function to contain. It is well known, the modern age advocated the construction harmonious society, pursues humanist, in liberal arts domain and so on politics ,philosophy, sociology all causes the earth-shaking innovation. In the criminal law is also same, the human rights safeguard illustrious has revealed as the criminal law essence idea pursue. This article from the criminal law theory development, all times and in all countries criminal law reform practice by and its existence angle and so on social basis, the system comprehensively elaborated the human rights safeguard should become the criminal law the idea, sets up criminal law human rights view, change the traditional ideas, and instructs the Chinese criminal law legislation, the judicial activity.The full text altogether divides into four parts except outside the introduction and the conclusion, about 50, 000 characters, presently divide the state as follows:First part ,the human rights concept. This part from the sociology, the politics and so on the big liberal arts background embarked, has explained the human rights concept, and embarked from the market economy foundation and the residential society's background has analyzed the human rights time essence. After that further was elaborating the human rights in the criminal law study on status significance, the request sets up criminal law human rights view.Second part, the criminal law human rights development trend. This part from the criminal law from the ancient until now historical development, the Chinese and foreign criminal law historical condition, the criminal law theory superior win and the inferior washout choice, the time urgent need, finally carries out the criminal law the human rights essence, until sets up the criminal law human rights view. This is a proof draws the conclusion the process, through this kind of system analysis, the explanation process, completed human rights view to set up the proof.Third part, Chinese criminal law human rights safeguard present situation. This part analyzes our country criminal law in the human rights safeguard result, and analyzes the human rights development from 97year our country criminal law reform the tendency. In the natural article, separately makes concrete from the judicature is suitable ,the judicial execution and so on the angle makes the analysis.The fourth part, about further strengthens human rights of safeguard the Chinese criminal law suggestion. This part analyzes the place which the Chinese criminal law human rights safeguard must consummate, and made concrete from six aspects proposed the perfect method.