Cultural Analysis Of A Legally Prescribed Punishment For A Specified Crime

Law is a product of the culture. It must be relied on some culture to appear, develop and work. So, in order to understand and actualize the law better, it has a great significance at the theory and practical level to analyze it from the cultural view. In different nations and ages, as for the principle of a Legally Prescribed Punishment for a Specified Crime,it differs with each other on its meanings, manifestations, the implications of the value and the manners for its operation in reality. Radically speaking, it is a result of the different culture of different nations and its variance. Therefore, in order to make the principle of a Legally Prescribed Punishment for a Specified Crime a breakthrough on the theory and operate better in practice, I will expand and analyze this principle at the culture level and offer an approach and method to resolve the problems about this principle.In western countries, since the modern times come, the emergence and evolvement of the principle of a Legally Prescribed Punishment for a Specified Crime has be closely linked to the western culture. It has distinctive ways of language narration, system design, pursuit of the value, its own theoretic basis and guarantee system corresponding, which are all related with its specific social and cultural background. The shape of the implication of this principle in western counties is depended on the particular ways of life, tradition of culture, pattern of thought and the pursuit of value in western nations. With the variance of western culture, when it comes into the 20th century, this principle has become from the original absolute concept to a relative concept.The principle of a Legally Prescribed Punishment for a Specified Crime of our country in the modern times has originally come from western countries. It is still at issue that if it had this concept in ancient China. In my opinion, I agree with the theory that in our country's ancient law we had combined the statutory side with the other side, in other words, our country's ancient law had the statutory side as well as the other side. In the thought of law, the statutory side of the conviction and penalty was complicated with its other side, and in the law system it had showed this kind of system configuration. The statutory side of the ancient Chinese law was aimed to maintain the rule system of the autocratic monarchy and to restrict the power of the official, so it is doomed to the great difference of this principle's meaning between China and western countries. The combination of the statutory side and the other side in the conviction and penalty of ancient China, which embodies the distinctive pursuit of value and modes of thought in ancient Chinese social, was determined by the characteristic ways of life and cultural tradition of ancient China, and was a sort of material embodiment and special expression of the traditional law culture of China.The transform of the modern law culture of China had resulted in the introduction of the concept of the Legally Prescribed Punishment for a Specified Crime from western countries to China. However, this principle has not been carried out during the practical operation. Nowadays, it is in an era of internationalization and globalization, and it is in a course of the coexistence and interaction of the multi-culture of law. The interaction of the multi-culture of law has affected the transformation and development of all nations'law deeply. Today, in China, this interaction of the multi-culture of law exists too, between with which it arises the phenomena, such as the collision, competition, repulsion, infiltration, amalgamation and reorganization and so on, to work and influence with each other. Seeing about the principle of the conviction and penalty according to the law in China, it has some localization and deficiency at the theoretic level as well as the practical level, which is resulted from the dispute of the multi-culture. The operation of this principle has some cultural obstruction, which needs to be made up and perfected through the construction of the culture. Meanwhile the construction of the culture should try hard to accomplish the breaking-in result and creative development of the value, ways of thought, modes of existence and the cultural tradition in the collision of many kinds of culture.