Research On The Function Of Human Rights Protection Of Criminal Law

At the modern society, one of the important signs that weigh up a country's progress of civilization is the situation of human rights .Along with the development of the society civilization, the problem of human rights has become a central issue that all countries and international social concerned on . The most basic protecting of human rights is the law guarantee. As the fundamental law, because of the extensive and importance of its protection benefits, criminal law has very important function on the human rights protecting. The function of human rights protection is an indispensable part of the function of criminal law. On the one hand it includes the guarantee of human rights of general citizen, on the other hand it includes the guarantee of suspected criminal and accused. In the meantime, the protection of human rights of the convicted person should become the righteous contents of the function of criminal law. Exertion of the function of human rights protecting of criminal law must limit the power of national penalty to launch. It must guarantee the right and freedom of general citizen through the principle of crime and penalty by law, as well as guarantee the convicted person. Making the convicted person be free from not-humane penalty and additional penalty.But in our country , It is usually emphasized that criminal law must protect the society , neglected the function of human rights protection of criminal law .Owing to the importance of criminal law to human rights protection, we should adjust the conceptual of criminal law and give full play to the function of human rights protection of criminal law . The Traditional Chinese criminal law always appears with a facial expression of the kind of suppression and punishment. Especially, the backward conceptual of criminal law has already seriously prevented the progress of the function of human rights protection of criminal law. It is necessary to adjust the idea of criminal law. Making the idea of criminal law conform to the trend of criminal law of human rights, and establish the idea of civil rights criminal law, looking for the balance between society protection and human rights protection. In the meantime, we should construct modernizing criminal law of China with the idea of protection, adjust the criminal policy, enhance procedure justice, reform the procedure system and perfect the principle of crime and penalty by law for the real realization of human rights protection.