Research On The Principle Of A Legally Prescribed Punishiment For A Specified Crime From The Perspective Of Constitutionalism

The principle of a legally rescribed punishiment for a specified crime is a basic principle of criminal law. It is an important foundation from which criminal law embodies the legitimacy and rationality. This principle is set up at the constitutional basis and embodies the values of constitutional: the protection of human rights and restrictions on the power. In the West, its development synchronized with the constitutional philosophy and constitutional practice in the modern western countries. But for our country, this important principle is an import. When we study the more than a century of history in which the principle was introduced to China. We can find out that in most of the time this principle was only a slogan. Present, our country puts the rule of law as a basic strategy of ruling the country.Seting up "the Constitution and the Constitutional"country has become an unavoidable historical responsibility. In this context,1997 amendments to the Criminal Code is consistent with this requirements. Puting the principle written into the Criminal Code provides a precondition for comprehensively implement the principle of legality in criminal justice. Well, at one vigorously promoted and comply with the principle of legality in principle, how can we truly achieve the principles of constitutional legality spirit? The author with such a problem began to study and researchthe principle and writed this paper.This dissertation comprises the introduction, the main thesis and conclusions of three chapters, a total of five parts.The introduction sets forth why the author chose such a topic and the significance of such topic as well as the purpose of this dissertation.The first chapter overviews the principle of a legally rescribed punishiment for a specified crime.First of all, this chapter introduced the basic meaning of this principle, and then introduce how the principle generated and developed.And this part of the contents are divided into two parts, one overviewing development of the principle, the other explaining the social, ideological and cultural, human and constitutional foundation.The second chapter discusses the principle of legality in our country's constitutional significance.This chapter first introduced the principle of legality in China's development history, then introduced the the value of the principle. Finally explained the principle of legality in the implementation of the constitutional significance in our country.This chapter focuses on the third part.In this part,the author explained the principle of legality in the implementation of our country behind the protection of human rights and restrictions on the constitutional significance of the power.The third chapter discusses the defects of the principle of a legally rescribed punishiment for a specified crime and how to perfect it.This chapter is divided into two major parts, first of all introduced that the principle has defects at this stage in our country,including both legislative and judicial shortcomings and inadequacies.After that, combining the actual situation in our country,the author takes out the corresponding measures to improve the principle from both legislative and judicial aspects. And, it can realize the constitutional significance of the principle.In the concluding part of this dissertation,I think the improving of the principle of a legally rescribed punishiment for a specified crime is a systematic project.It needs repeated demonstration and practice. Even though the text on how to improve the crime of statutory principles put forward its own proposal, it is still necessary to regard the entire constitutional system as background on which the principle can be implemented. In the pursuit of seting up "the Constitution and the Constitutional" country, to realize the value of the principle of a legally rescribed punishiment for a specified crime.