The Research Of The Function Of Criminal Law

Function of criminal law refers to as a whole organic in the course of its operation playing the positive role actually as well as possibly.Studying the function of criminal law has theoretical and practical significance.In theory,crime locating in the criminal law and the penalty of criminal law prior to the function of criminal law is not obvious.It functions by influencing on legislation,law enforcement,the judiciary such as all stages of the concept of criminal law operating.In practice,a reasonable function of criminal law plays an significant role for users to establish their own principles and standpoint.Studying its theory and practice aspects of the function of criminal law is very necessary.With holding the reasonable concept of the criminal law we will assure that the theory and practice of criminal law towards the right direction.This article holds that the criminal law has two functions:the function of legal interest and the protection of human rights.The function of legal interest is the law to protect the personal benefits,social benefits and state benefits.Function of protecting human rights refers to the criminal law should regulate the penalty launched by countries willfully as well as safeguarding citizens' rights of freedom.This article argues that in modern society the fundamental value of the criminal law as "THE MAGNA CARTA" is to limit the power of criminal penalty launched by state as much as possible.It should safeguard the fight of the suspect,the defendant, as well as perpetrators of human rights of all members of society.We can be sure to answer the questions raised above:when the function of legal interest in criminal law and the protection of human rights conflicts,we should priorly consider the function of safeguarding the protection of human rights.If we think the protection of human rights as fundamental function)for criminal law and in turn to look at the current criminal law,we will find that the current criminal law has many problems.This article analyze the problem from three perspectives:the crime system,no penalty without a law of china's criminal law and interpretation of the criminal law of statutory three perspectives.This article contains four chapters.The first chapter is an overview of the function of criminal law.In this chapter we will introduce the concept of the function of criminal law as well as the relationships when definiting the concept.The second chapter is mainly about on the function of the contents of the criminal law.Different scholars may have different views on this problem,such as theory of two functions,theory of three functions and that the four functions and multi-function.This article focuses on theory of three functions and explains more about this theory.Then I put forward the views of this article.This article argues that criminal law has two functions,namely the function of benefit and function of human rights protection.Chapterâ…¢introduces the relationships of the function of the protection of human rights and the function of the protection of people's benefits.The fourth chapter is about the implementing of the priority of the function of protecting human rights.