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Ethics Discussion On Criminal Rights' Protection

Posted on:2007-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z G DengFull Text:PDF
GTID:2166360215986948Subject:Ethics
Abstract/Summary:PDF Full Text Request
The criminal right protection is not only a question pure legal matter, but also a moral question. In our country, protects the criminal right not only is a socialism law aspect, also is intrinsic request of the socialist morality.Protects the criminal right has the premiseis is that we must acknowledge the criminal has the right. But this is also related to that, whether the human has the right or the human rights. The western tradition human rights thought and the Chinese tradition human rights thought all is containing the human rights equality idea, but, this idea "the talent human rights" discusses in the West displays obviously, but conceals actually in the Chinese tradition ethics thought in "the People this thought". The reason that criminal's right should receive the protection equally with other person's right, which its moral basis is an equality. As the moral significance in or the moral principle equality, it including the equality of treatment and the equal result, should be the substantive equality and the form equality entity. The criminal right the reason that should receive the equal protection, its basis lies in the criminal is in the social relations person and the criminal has the citizen qualifications, moreover also protects criminal's right because it have the following moral value, that it is advantageous to the realization socialism humanitarianism, is advantageous in the construction government by law civilization, is advantageous in the maintenance social stability, is advantageous in transforms the criminal.Protect the criminal right and punish the criminal not to be contradictory. Punishes the criminal not to mean deprives criminal's all rights. The criminal takes the citizen, although its basic right in principle, haven't the difference with other citizens, but have the some differences in the right content and the nature with other citizens. This had decided the criminal right which protects is had specificly right finiteness, the right imperfection, the right moral characteristics and so on, right mobility. Was precisely these moral characteristic had decided criminal right moral limit which protected.Although our country's law had stipulated explicitly must protect criminal's right, but, still has some moral difficult position in the practical life. These moral difficult position main performance for moral flaw of the legal regime design aspect, subject of crime maintenance right consciousness lacking, the flaw of the supervises and manages in the personnel occupational ethics, the discrimination in society and intolerant to the criminal, the ultra physical strength, the ultra time limit work and so on other immoral phenomenon violate to the human rights law. In above view of moral difficult position, we try to use these measures to protect criminal's right, which we will through the way of the moral legislation, protecting the criminal right perfectly the safeguard mechanism, improving lawman's moral quality, and building the tolerant social environment, acknowledged criminal's moral.
Keywords/Search Tags:Criminal right, ethics basis, morals stipulation, morals limit, protection, morals condition
PDF Full Text Request
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