On The Constitution Of Criminal Law

In the contemporary times, the constitution of criminal law is thedeveloping tendency in various countries' criminal law, is a new thoughtof criminal law, is the direction of the reform of criminal law, is importantsigns of the modernization of criminal law. The constitution of criminallaw means under the background of constitutional government, writingthe basic ideas and value of criminal law on constitutional text, restrictingthe criminal legislation and criminal judicature by the constitutional rules,establishing constitutional review system in the area of criminallegislation and criminal judicature to restrict the penal power. It proposesthe idea of criminal law of human rights protection. The ultimate purposeis to protect the human rights. This paper makes a preliminary discussionon the constitution of criminal law by the method of comparative analysis,the real diagnosis analysis, the logic analysis, the system analysis.This paper first discusses main body of the constitution of criminallaw, analyzing the concept and the character, historical origin, gaining theexperience on the basis of the inspecting the present situation. Then itanalyzes the necessity and the feasibility from the theoretic aspects andthe actual aspects. By dialyzing the situation of the constitution ofcriminal law, we find the disparity and the insufficiency of theconstitution of criminal law in our country. It shows that the content ofconstitution is not scientific and perfect, and no constitutional reviewsystem in the area of criminal law, then going a step further to analyze the reason of the disparity and the insufficiency. In the end, on the base ofnational condition of our country, we propose the way to realizing theconstitution of criminal law. It contains that we must set up the idea ofconstitutional government from the idealistic aspect, the idea of criminallaw of human rights protection, the idea of paying attention to therelationship between the criminal law and constitution. Then we mustperfect the content of constitution from the aspect of system, and establishthe constitutional review in the area of criminal law. Through writing thispaper, the author hopes to be able to provide the beneficial think for thetheoretic study and the practical process of the constitution of criminal law.