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To Explore The Principle Of Legality's Historical Evolution In China

Posted on:2011-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360305982305Subject:Law
Abstract/Summary:PDF Full Text Request
Legality principle is that the basic principles of rule of law in the West, resulting in a specific historical conditions, its ideology from natural law theory, doctrine of separation of powers doctrine and psychological force. Common law doctrine of legality origins in 1215 King John of England signed the "Magna Carta", the civil law principle of legality first appeared in 1789, France's "Declaration of Human Rights." For the principle of legality of criminal justice have important guiding significance in criminal law theory, the study of the principle of legality has a prominent position. Legality principle is the fundamental guiding principles of criminal law. In the rule of law, criminal law often provides for the principle of legality is actually the law in this specific sector into the basic spirit of the rule of law.Legality from the thinking of legal principles to the doctrine and then to change is a gradual process of development, while the principle of legality itself is also evolving and changing. Principle of Legality in China, the establishment has gone through a tortuous process, during which there are a lot of controversy, China clearly put forward the principle of legality, is in the Eighth National People's Congress amended the fifth meeting of the new Penal Code proposed , and my 1997, "Criminal Law" No. 3 stipulates: "The law expressly provides for the criminal acts, in accordance with the penal law convictions; the law does not explicitly defined as criminal acts, and shall not be convicted of sentence." China's criminal law the principle of legality in China's criminal legislation, the establishment of a landmark. This not only helps the criminal law formulation and implementation to improve the quality of China's criminal law itself, but also fully embodies the building of socialist democracy and legal system, sound and overall social progress, to meet the building of a socialist legal system and safeguarding social stability and protect the citizens the need for legal rights.In this paper, the principle of legality to the formation and history of the development as a starting point to the history of the principle of legality as the key link, according to the chronological order of historical development, trying to legality principle in the course of development of China's 11 to explain: the principle of legality into the crime of China, the Republic of the principle of legality during the New China early principle of legality, the Penal Code in 1979, during the principle of legality, in 1997 during the establishment of the principle of legality. These are the articles two, three, four, five, six sections. Part seven section is the principle of legality in the Reflection of the reasons for the evolution of our history and explore the historical evolution of the principle of legality of the factors and forces. Eighth part of the "principle of legality in the present implementation of the" is necessary for the content of this logic system.At present, China is in the new transition period, with the economic development and people's growing awareness of the law, society will need to implement the principle of legality, but the principle of legality established by the time in our country is still relatively short, implementing the principle of legality in the administration of justice there are still many inadequacies, the principle of legality in China's establishment of the Criminal Code is only the beginning of China's rule of criminal law, for the legalization of criminal thinking, criminal law, the concept of the legal system, our task is still long way to go.
Keywords/Search Tags:Legality, Principle of Legality, Protection of Human Rights, Judicial Implementation of
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