Font Size: a A A

Crime Punishmentlegal Principle Judicature System Constructs Under The View Of Constitutional Government

Posted on:2008-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:F K WangFull Text:PDF
GTID:2166360215979280Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
It has already passed for more than centuries since the criminal classical school proposedthe crime punishment legal principle and the determination for the criminal legislation and thecriminal judicature classical principle. The crime punishment legal principle whichrecognized as the contemporary government law principle by law society, has obtained theoverwhelming majority country legislation confirmation. The crime punishment legalprinciple has undergone the historical test, and is facing the time challenge also.Looks over the crime punishment legal principle in history, we may discover that thecrime punishment legal principle not only has the significance on substantive law, but alsohas the significance on procedural law. Our country confirmed the crime punishment legalprinciple legal when the criminal revised law in 1997. To take development economical andthe democratic politics as in the modernized advancement, our country criminal law shouldsafeguard the rights of citizens the realization to take the most important task,fully manifeststhe criminal legal system democratic and the country to respect the citizen basic right. Thecrime punishment legal principle legal has merely provided a prerequisite for the socialgovernment by law, its final realization must rely on the criminal judicature. We must payattention to prevent the judicial organ oversteps the substantive law to stipulate violates thecrime punishment legal principle the judicial behavior, also must pay attention to preventdodges the procedural law limit to violate the crime punishment legal principle to overflowaction the power, causes the crime punishment legal principle truly to become in our countrycriminal activity judicature activity to repress exceeds authority the judicial milestone,displays its safeguard human rights well the history and the realistic function.This article to the barrier which exists in our country crime punishment legal principlejudicature advancement, from aspect and soon historical tradition, thought idea, legislationtechnology and legal system, makes every effort to conduct the comprehensive thoroughanalysis research, and positively explores in this foundation overcomes these barriers theeffective way, can provide the certain reference and the model by the time to the crimepunishment legal principle in the our country criminal activity judicature comprehensiveimplementation.
Keywords/Search Tags:Crime Punishment Legal Principle, Judicature, Safeguard Human Rights, Consummates the Legislation, Jurisdiction Independence
PDF Full Text Request
Related items