Penalties For Certain Humanitarian Problems

In the world, the reform in criminal law is moving toward civilization and humanism, so does the criminal law of China. It is a good start to learn about humanism of criminal punishment. Scholars at home and abroad have done some research on this question,however,further research on the defining of concept,basic contents,value choice and review of humanism in our criminal law is needed.The author tries to trace back to the historical vicissitude of humanism,define its concept,grasp the main contents and value choice of humanism of criminal punishment and make a review of humanism in criminal law of China by analyzing humanism of criminal punishment philosophically.The article makes it clear that humanism of criminal punishment is not only a historical process in the past but a developing direct in the future of criminal law.The article is divided into five sections:Part one:Introduction.In this part,the significance and reason for choosing the topic and the general structure of the article is introduced.Part two:The origin and development of humanism of criminal punishment.This part begins with some ideas of humanism in criminal law in ancient China.Then it talks over the emerging and development of it in the West,which is characterized by modern criminal law legislature affected by the Ehlightenment,criminal rationalism and the thoughts of protecting human rights.Part three:The concept and basic contents of humanism of criminal punishment.This section expresses the concept of humanism of criminal punishment.And then talks about the basic contents of the topic.Part four:The value of humanism of criminal punishment.It bases on humanity,pursues protection of human rights and makes it reality of full development of human itself.Precaution of criminal offences and protection of human rights are the principal values of humanism of criminal punishment.Part five:Review of humanism in criminal law of China.This section introduces and analyzes some omissions of humanism in our criminal law,and then puts more emphasis on where it should be improved and developed widely and deeply.