On Criminal And The Principles Governing Relations

The relation of crime and pertaining to crime responsibility is the importantproblem that the penal code learn, however it should be is in in the penal code learnhow its position, have a controversy.Have the scholar the relation which thinksoffense Xing that the relation namely commits crime and penalty, have scholar thinkoffense Xing that the relation namely commits crime, the pertaining to crimeresponsibility and penalty three it the relation of, also have scholar think offenseXing's relation is research crime and crime result of the relation of the penal codelearn category, but since the offense Xing's relation be the basic category that thepenal code learn, is at the position of root in the penal code academic theories thetheory, have to learn a basic problem to give a research to the penal code, therefore,offense Xing relation is study the of crime and pertaining to crime responsibilityrelate to of basic penal code category. The offense Xing relation concern the penalcode learn of basic category-crime and pertaining to crime responsibility, but crimeand pertaining to crime responsibility be the main contentses that the penal codelearns a research, so concerning its relation, position, and carry out etc. the researchof many theories problems, then have important theories meaning and practicemeaning.The desire carries on a research to the offense Xing's relation, have to give asystem research to the principle of offense Xing relation first, only this, we then cangive an accurate research to the offense Xing's relation.The principle of offense Xingrelation, have to be pierce through in a crime and pertaining to crime responsibilityresearch it always, and have to the body commits crime now and the basic spirit ofpertaining to crime responsibility, there then can be basic instruction function for theresearch of crime and pertaining to crime responsibility, and have to the bodycommits crime now and basic spirit and aim of the relation of pertaining to crimeresponsibility.But the research of the offense Xing relation principle, should then cangive correct comprehension after the clear criminal acts relation of basic conceptssuch as concept and characteristic etc..The offense Xing went with in response to the principle is the concentrated body of criminal acts relation now, it not only the historybe long ago, and theories theory rather many mainly have a retribution's doctrine andutilitarianism is two kinds of standpoints.The offense Xing wents with in response tothe principle to pursue fair with pay attention to efficiency as its value mindset, thisalso at our country penal code theories field already basic reach a consensus, and atour country pertaining to crime lawmaking top already can body now.So the offenseXing went with in response to the principle, substantial want to keep an of offense,Xing inside of, to in response to the balanced relation, only this we then can containcorrect comprehension to the offense Xing's relation.Offense penal code's settling aprinciple is the theories sill that the criminal acts relates to a principle, the offensepenal code settles a principle is a penal code root for developping gradually with thesound capitalism country under the rule of law legal system for 17 and 18 centuries ofprinciple in the world.The offense penal code settles principle history to constantlyflow long, concerning its theories foundation, theories rather many, the traditionalviews mainly has natural legal theory a theory, three power cent's signing theoriesand mental and compulsive doctrine etc. be three kinds of orieses, but recently againhave scholar to put forward democratism and respect human rights doctrine etc.theories, and this has already become penal code theories the essential idea of thefield.The offense penal code settles a principle with restriction penalty power, keepjudicatory from be good at break, guarantee personal freedom is worth content of,give up this worth content to basically talk not ascend offense penal code settledoctrine.Offense penal code settle the doctrine is to take human rights guarantee as itsvalue mindset, take limitting for no reason launch of the national penalty power as atarget to position, taking rule of law doctrine as the system basal penal code basicthought and the basic principle, the guarantee of the right and the restriction of thepower is essence and essence, it has the human rights guarantee function of big power,as a result is become a national farewell to fall behind for"modern penal code of ironrules" by the great reputation with absolute monarchy, head for the important markingof civilization and rule of law.According to human rights guarantee namely the argumentation of individual as the basic unit of society, offense penal code settle thedoctrine parties livinged several great principles, namely written laws doctrine, forbidto trace and since go toward, forbid a type to push explanation, negation absolutelynot explicit sex etc. principle of flat time sentence, law. In the our country penal codetheoretically settle many contentses of principle to the offense penal code alreadybasic reach a consensus, and at our country pertaining to crime lawmaking topalready can body now, this not only is our country pertaining to crime lawmaking andnations be in line with of inevitable body now, and is also our country penal codewith establishment country under the rule of law, guarantee human rights is theinevitable request of basic aim.