The Criminal Law Theory Of Value Wants

Because of the existence of criminal acts, people formulate the Criminal law to protect certain interests, resulting in the value of the criminal law. Just want to meet the needs of their own criminal law , country create the value of the Penal Code. Since the Criminal Code adjust country with the citizens relations about the role of criminal law, therefore, in a way, the law would be able to standardize county and the citizens conducts. Consciously realize the value of the Penal Code, both the state and citizens can be able to provide the correct behaviors.However, our country Criminal Law at academia always define the concept of the value of Penal Code specifically as criminal law for the positive role (and the ability to play such a role), ignoring the criminal law with the negative role. On this premise the discussion and study of the value system of criminal law merely take such as justice, freedom and human rights as values, while ignoring the negative value of the Penal Code to explore the problem.In my opinion, it is a kind of one-sided understanding to define the value of the Penal Code for criminal law as a positive role in (or Value) and mechanically separated the overall value of the system. Its direct consequences are artificially inflated and beautify the value of the penal code, raising the effectiveness of the criminal law to curb the crime of expectations, fueling up at the objective of "universal theory of criminal law" and "misdemeanors" and the prevalence of thought. In order to play right value of the Penal Code and seek the best implementation for value, we need to scientifically recognize the value of the Penal Code, and comprehensively understand all possible social effects and impacts which criminal law bring into. Not only to recognize its positive role, but also to recognize its negative role. In view of the one-sided view that just defined the value of the Penal Code as "a positive impact on criminal law and the role" at academia for a long period, this article proposed that should divide the criminal law value into the positive valance value, the negative valence value, and clarified in detail has analyzed each kind of value main manifestation and the resolution or the atonement method, has drawn up a complete criminal law value diagram; For correctly and appraises the criminal law comprehensively the value, sets up the science the criminal law values, the perfect theory penology has laid the foundation.This article altogether divides into the following four parts except in the introduction and the conclusion external structure:The first part: Criminal law value outline. This part elaborates the following question: The first small part through to the domestic and foreign related value concept's comparative analysis, limits the value definition, and further summarizes the law value and the criminal law value concept; The second small part summarized the criminal law value characteristic, pointed out that the criminal law value has three big unity, is subjective and the objective unification; The third small part has discussed the criminal law value existence form simply. The fourth small part has promulgated the criminal law value significance, pointed out that the criminal law value is the criminal law soul and the thought energetic fountainhead.The second part: Criminal law value rationale. This part of first small part from the connotation, the source and course and developed two aspects to elaborate individual selfish departmentalism; The second small part introduced the social standard realistic foundation and the theory support; The third small part explained the national standard vigorous growth and the connotation briefly.The third part: Criminal law positive valance value system. This part elaborates the following question: The first small part through to the present criminal law scholar to the criminal law positive valance value system division's research quite, has carried on restructuring and the briefing reason boldly to the criminal law positive valance value system's constitution; The second small part has analyzed the criminal law positive valance value three big essential factors: Human rights (freedom, fair, equality), order and benefit. The third small part has analyzed the criminal law positive valance value conflict and the resolution. This part including positive criminal law valance value conflict attribute, reason and resolution.The fourth part: Criminal law negative valence value. Pointed out that the criminal law the negative valence value system is the objective existence, and contrarily lives with the criminal law positive valance value system to and accompanying. The criminal law negative valence value system, contains throughout in the criminal activity legal regime. And has further analyzed the criminal law value expensive, the crisis human rights and the psychological shadow three big elements, crisis human rights including not, when legislates to the human rights violation and the mistake and the low horizontal judicature to the human rights violation two aspects, but the psychological shadow including cruel, despairs and raises the wicked three elements. Finally elaborate criminal law negative valence value production mechanism, performance and atonement.