The Reform Of Criminal Law In The View Of Human Rights

With the development of our country's market economy,the enhancement of opening to the world,the integrate to the world becomes urgent.The criminal law as an important Legal department for protection of human right and maintaining the social order plays the vital role in national reforming and the modernization process, our country's criminal law development is huge,but still has many questions.These questions must be modified in present's criminal law reform. I thought that our country criminal law's questions are due to the main idea root which is insufficient to the near modern criminal law basic principles and the human rights value idea, causing some deviations and questions in the criminal law system construction, also causing many inproper places in the concrete constitution.This article will elaborate the human rights connotation and the historical development in the first part.The second part will discuss the influence of human rights value idea to modern criminal law basic principles in the view of western criminal law history,emphatically discuss the crime criminal law to decide the principle, the innocent estimation principle, the crime punishment emphatically to adapt the principle.The third part will observe our country's criminal legal system from the human rights angle of view, analyze some questions which repel human rights value in our country's criminal legal system.I think death penalty question, the silence right question, the criminal certificate standard question, the infringement question of human rights in the criminal practice is quite prominent, particularly the human rights safeguard in death penalty.The fourth part elaborates the meanings of human rights from different levels, proposes some reform suggestions from idea to criminal concrete constitution and criminal procedure constitution.I think it necessary to clean up some obsolete values. The national condition barrier is not the excuse which accomplishes nothing, only facing to all sorts of questions which exist in our country's criminal legal regime can promote legal construction progress.In future legal construction course,we must use human rights value to construct our criminal system.what will be most urgent in the concrete criminal legal regime is reducing and limiting death penalty and abolishing death penalty finally.In addition,the reform must be done in the punitive measures to maintain peace system.The situation that the judicial interpretation break criminal law principle must be changed.I believe with the development of our country's legal course,criminal law constitution will improve in human rights aspect and construct a proper criminal legal system.