Humanity Improvement Of Chinese Modern Criminal Law

Confucian humanistic legal thought not only has had an important influence on Chinese ancient rule of law but also on the constructive process of Chinese modern criminal justice system. Confucian humanistic legal thought is an important spiritual resource for our moving toward a modern 21st century and an important guide for our improving the modern criminal law. Carrying forward the Confucian idea of humanity law helps to overcome the rigidness and coldness of the criminal law itself as well as avoiding certain difficulties resulted, particularly helps to reconstruct of the rule of law in the contemporary society, which is conducive to social order, harmony and integrity. This is also the important base that we communicate with the world. It is our historic duty to develop the useful and discard the useless spirit of Confucian Humanism and fully apply to legislation and jurisdiction of criminal law.But at home, some scholars of studying law and history focus on the study of ancient Chinese criminal law itself; some pay more attention to the research of Confucian idea of Humanities. There is a few or few works and achievement in the systematic study on the influence of the Confucian idea of the humanities legal thought on our modern criminal legislation and jurisdiction. The further study on Confucian humanistic legal thinking has an extremely important theoretical value and practical significance in guiding our country in modern criminal legislation and jurisdiction.This article is divided into four parts: the first part is an overview of the humanistic spirit of Confucianism; the second part is the Confucian idea of humanities law; the third part is the influence of Confucian humanities thought on Chinese modern criminal law; the fourth part is the humanities improvement of modern criminal law. The author attempts to systematically analysis and sorts out Confucian humanities legal thought in order to construct our modern criminal legal system with Confucian humanistic idea in the modern construction of Chinese criminal law by fully absorbing the Confucian idea of the reasonable legal humanities core and highlights the law with modern humanistic spirit while making our country a modern criminal justice system has a unique inflexibility. In this paper, the author, on the basis of analyzing and summarizing Confucian humanistic legal thought and combining our modern criminal law building, broached the Confucian humanities idea of the relatives' "hidden capacity" system; "criminal conciliation" system; lenient criminal punishment system for the elderly; reforms of criminal right relief system, minors, criminal law for the protection of persons with disabilities, criminal rights relief, death penalty system; and duty law to the legal guardian as well as the enforcement of criminal justice on original situation. In particular, the first view broached by the author, putting legal guardian duty into law, fills the gaps in the modern criminal law in our country.The research of this paper offers great theoretical and practical significance in revealing the law culture of the Confucian idea of humanistic thought, deeply understanding and mastering the essence of the humanistic spirit of Chinese traditional legal system and in exploring legal history, humanities and cultural foundation for our modern criminal law, legislative, judicial.