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The Criminal Code Of Ethics,

Posted on:2005-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:D N FuFull Text:PDF
GTID:2206360125951791Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal law ethicization is based on humanity and stands for spirits of just ethnical ideas. It -is ideal government by law. Criminal law ethicization is the tendency of criminal law development. Modern criminal law should be based on feelings and humanity. Point to the moral shortcoming in criminal law in our country, the author argue for the problem of "Criminal Law Ethicization" to maintain the doctrine of a legally prescribed punishment for a specified crime and ethical justice. The article is divided into seven parts with total words of 37, ooo or so.The first part discusses the relationship of law and morals. On one hand, law is moral limitation at lowest; on the other hand, morals is the basic source of law. Morals is prior to law in logic. With the development of society, law and morals can be transformed into each other.The second part reviews the ancient history of criminal law in china and its social basis and humanity. Criminal law ethicization is an inevitable request, which involves the thought of ancient moral.The third part analyses two phenomenon comparatively: morals criminalation and criminal law ethicization. Morals criminalation is emphasized on legislation and criminal law ethicization on law-abidingness. The developed tendency of criminal law ethicization is the request of legal state.The forth part discusses that the value of principle of a legally prescribed punishment for a specified crime secured human rights to protect the personal freedom. The author analyzes the internal interference between criminal law ethicization and principle of a legally prescribed punishment for a specified crime and introduces its solution.The fifth part reviews that both non-penalization andnon-incrimination are two essential themes in the mainstream of reforming the criminal law in the modern world. Criminal law ethicization stands for both thought of humanitarianismand avoiding establishment for some rules of criminal law. Criminal law ethicization is accordance with the progressive tendency in criminal law.The sixth part analyses the distinction relatively between criminal law ethicization and "looking on unconcerned to others danger". With the effect of ethical legislation, some capitalist countries are establishing the rules of "looking on unconcerned to others danger", but it unfits for our country.In the seventh part, the author comes to the conclusion. He thinks that the principle of the "concealment between relatives" is external form of criminal law ethicization. He affirms the necessity to establish the right of concealment though comparing with foreign similar system and analyzing the value of the "concealment between relatives". In the end, he put forward his own imagine on the developing tendency of the "concealment between relatives" in modernization of criminal law.
Keywords/Search Tags:Criminal
PDF Full Text Request
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