Study Of Criminal Law Protection Function Problems

This article besides the introduction and the conclusion, altogether is divided four parts:First part: Criminal law safeguard function outline. This part introduced the criminal law safeguard function concept and the characteristic, the criminal law safeguard function concrete connotation as well as between the criminal law protection function and the safeguard function dialectical relations. Through to the criminal law safeguard function concept limits, this article pointed out the criminal law safeguard function has the objectivity, the sociality, the limitation and the enthusiastic four characteristics; The criminal law safeguard function core value lies in the safeguard human rights, therefore, understood the criminal law safeguard function the concrete connotation key lies in the science limits "the human rights" meaning. The criminal law protection function and between safeguard function the two in the form is contradictory, its essence is the organic unification.Second part: Criminal law safeguard function theory foundation and value evaluation. This part introduced the criminal law safeguard function rationale and the criminal law safeguard function value implication. This article first discussed, the social contract from the natural right discusses has proven the criminal law safeguard function morality and justice foundation, then has proven the criminal law safeguard function legal foundation from the national law and the international law two stratification planes. Then pointed out that, the criminal law safeguard function reflects the people to the criminal law nature understanding from the political criminal law to the residential criminal law significant transformation; The criminal law safeguard function has manifested the country under the rule of law basic request, was the criminal government by law basic realization symbol and the criminal law safeguard function has manifested the criminal law modest and restrained spirit and so on the significant value.Third part: Criminal law safeguard function applicable scope. This part through to the different viewpoint commentary, pointed out first the criminal law safeguard function should be suitable for to the ordinary citizen's human rights safeguard and to the crime suspect, the...