On Human Rights Guarantee And Perfection Of Criminal Law

Human-Right Guarantee becomes one of the distinctive themes of contemporary criminal law. Since the criminal code was issued for enforcement in 1979, the theory about Human-Right Guarantee has obtained tremendous development. However, there are still some fields to explore further in the theory, such as the relation between human-right guarantee and perfection of Criminal Law. The study on this problem is not profound enough. The principle of "the state values and safeguards human rights" is established after the amendment of the constitutional law in 2004. Therefore, the writer chose "On Human-Right Guarantee and Perfection of Criminal Law" as the title of the thesis for his Master's degree.Besides catalogue and list of references, the thesis deals with the issue in three sections: the Introduction, the Body and the Conclusion. In detail, the main views of this thesis and reasons for proving are as follows:1. Human-Right Guarantee becomes one of the distinctive themes of contemporary criminal law. Contemporary Chinas' criminal law has strengthened the function of the ensured human rights, such as establishing the fundamental principles of criminal law, principle of lighter punishment, the self-defense of system, various kinds crimes of infringing human rights, establishing and humanization of penalty. But there are still some respects that need to be perfected, that is, the criminal law constitution, the perfection of the principle of legality, the legislation concerning the death penalty and the establishing of the modern security measures system, etc. so that we can better guarantee the human rights.2. The Constitution to the criminal law limit is the inevitable choice for the human rights safeguard. The criminal law should be limited by the constitution entirely in order to safeguard human rights. Our country's constitution urgently awaits the criminal law limit to strengthen. We should strengthen the criminal law limit by constitution and the criminal law constitution, so that we can better guarantee the human rights. 3. The principle of legality is one of the basic principles to protect human rights. We should perfect legislation and the manifestation of the principle in criminal code, so that we can better guarantee the human rights.4. In order to guarantee the human rights, we should perfect legislation in criminal code, such as restricting the death penalty, improve and develop the justification of blank description of crime, and establishing of the modern security measures system.