On The Construction Of Faith And The Current State Of China's Criminal Law

This paper outlines the general belief in the Penal Code for the entry point, from the West Penal faith formation process and its implications, as well as our belief in the history of the Penal Code and the Penal Code belief in the status quo made in-depth analysis and discussion, and ultimately to China's Criminal Law belief Construction. In the criminal law field of vision, this belief of the Penal Code has put forward some new understanding and insight, and in an attempt to China's Criminal Law of the Construction of faith to do something useful exploration with a view to China's criminal law system to improve and perfect the benefit and China's national spirit and concept of a new improvement.This paper is divided into four parts, and about 30,000 words.The first part of the spiritual core of criminal law: the Penal Code beliefs. This part from two aspects are discussed. First of faith, faith in law, criminal law, the concept of faith and belief in the type of criminal law. Penal belief that the spirit of the rule of law as a criminal kernel, is a holistic concept is a huge project. Legal Belief is a positive belief in itself is a process that is in a range of social activities, experience, the feeling of psychological and achieve the "conversion" is a relatively stable state. In this process, in the main, through their own laws on the firm belief that the spirit of the law and within the rules of the heart, and, in the heart of the rule of law and its spirit as a guide to their own behavior. The main belief of the law once formed, it has become a main relatively stable mental state. Second on the beliefs of the relevant elements of the Penal Code. On the belief that the essence of the legal case from the norms of the sacred, and under external to the norms sacred ultimately must be translated into the main inner conscious recognition. Criminal main expression of the rule of law or the expression of the public on the criminal law a sacred feelings, the feelings of the formation of such laws does not rely on criminal law and harsh Lingjun, nor is it on the outside of coercion, repression and threats - which can only lead to social the same sense of the public right of the sincere belief, which is a similar sentiment as religious beliefs. In this belief, the Penal Code eventually find their own legitimacy and the reasonableness of the real foundation and source of the only base and source of this, the Criminal Code to be true, universal social appeal of the sacred. Thus, the effectiveness and authority of the Criminal Code can be also able to establish and maintain true. Emotional public Penal Code and the Penal Code the sanctity of the idea that the existence of the Criminal Code itself and with the effectiveness of the "legitimacy". In this way, the rule of law and the process of the criminal actually is gradually acquire and retain the Penal Code sanctity of the process. Of course, the public's faith in the Penal Code is not normative beliefs of the Penal Code, in essence, the deep social structure and the process of human and orderly life beliefs, as a consciously in a rational on the basis of faith, often on the legal system and the specific norms a critical and skeptical attitude, in order to promote specific legal system and norms in reforming and improving. Therefore, the ultimate significance of fairness, faith in law and social justice is the order of the faith.The second part of the Western belief in the formation of the Penal Code and its impact. This part from two aspects are discussed. First on the Western belief formation of the Penal Code. From a historical and cultural perspective, the Penal Code as a cultural belief in the value of options and positions, progesterone was born in the unique culture of the Western community spirit, the source can be traced back to ancient Greece - Roma culture. It can be said that this is precisely the cultural tradition and heritage of the decision, the Criminal Code faith in the Western society in the first nurture and develop the. In the West, the law is the sacred spirit of the Rome secular and the Christian concept of God purport common elements, Westerners are feeling the law has gone through a long process, in the ancient Greek philosophy and Roman law, people have begun to germination legal belief, but have failed to inspire the legal profession than other people's yearning for this. But under the guidance of the Enlightenment thinkers, and people began to rely on God's law, and even some of the legal blind fanaticism and dependence. Westerners such as the belief in natural law, incorporates both the conclusions of rational thinking, but also contains some ultimate sense, can not be explained clearly that the inner (such as natural jurists consider the "natural rights", etc.). To modern Westerners from the Penal Code is indeed heart and sincere beliefs, they use their own actions have made their own for the validity of the Penal Code and authoritative recognition, as well as their conscious recognition of the Penal Code, and its requirements into a motive of their own through their own actions to reflect this. Second Penal Code of the West belief external influence. On the West, after the Renaissance to the Roman law also Renewal Movement, under the law so far thought history, the history of their legal tradition has been firmly established, and gradually demonstrated its legal merits, and the impact of such a category such as China Eastern countries. In the West under the influence of China can be said to a comprehensive approach to the West following the construction of the rule of law and civilized society, and through a comprehensive destruction of their own legal traditions as a precondition, that is, at least temporarily forgotten, and to bury their own law at the cost of memory. The resulting migration from the West, France, Italy and the rule of law and their own life and alien to the people, for the final performance of the actual legal effect of poor, the outcome is inevitable.The third part of the history of China's Criminal Law faith and the status quo. This part from two aspects are discussed. China's traditional culture of the ancient beliefs of the Penal Code, as well as recent changes that have occurred since the reform and the present situation. Now maintain that the Penal Code with the public feeling that sense of national consistency between the norms, in order to maintain the affinity of the Penal Code, and the public access to the identity of the Penal Code, the Penal Code and form a belief in China is a very prominent problem. In China, the more the public that the Criminal Code on its own, more of an outside-and dissidents things, it is not their own needs but rather imposed, the purpose of more restrictions and restraints of oneself, one of the Penal Code compliance with the last resort and is forced to act. Therefore, he is far away from the moment of thought, to avoid rejection and the Penal Code. Thus, the Criminal Code lost its sacred, effectiveness and authority, but also from the public on the fundamental emotion lost its due effect. The long-ignored the protection of the rights of the people of the Penal Code, and trained people to hatred law, numbness, people formed the traditional concept of fear of fear. And the ongoing reform of the Penal Code, no formation of the Penal Code so that the public faith.Part IV of the Criminal Law of China Construction faith. This part from multiple perspectives presented. Pointed out that the choice facing China's Criminal Law, we think that should be a way to the death and regeneration: the belief in the Penal Code established. In a train of the citizens themselves, reflect the feelings of the faith, and act in practice, this is a long-term process, a long way to go. The Criminal Penal Code as a cultural belief in the building of a great psychological social systems engineering, which is a long-term process, not overnight, but long-term social and cultural construction of the Criminal Code of achievement in the civil psychological accumulation of the products of a variety of social, cultural and cultural Penal Code the combined effects of factors crystallization. Its formation must have a certain social and cultural conditions for the environment and the rule of law, the penal code must be adopted by the community of effective support system operation and protection, through the constant improvement in the rule of law, so as to realize social and cultural modernization of criminal law, criminal law can ultimately be formed. Only in this way will we be able to study the Penal Code at the same time laying the belief in the reality on the basis of the analysis of the evidence, thus consciously create a conducive to the public good Penal belief in the formation of social conditions and legal environment. Penal cultivate public faith is a very important work. Only through long-term practice of the criminal law, will enable people to have a sense of identification with the Penal Code norms, as their interests and their own lives and the daily scenes of things, that is to say, first of all domestic criminal law is not a question of skills , but the concept, awareness of the problem, on the millions of living is the main change in the behaviour of the problem. Localization of criminal law or localization, since it is the main values and behaviour change, then it must be the main concepts of the rule of law and consciously abide by the agreement and act as markers. In other words, when the Chinese people - this irreplaceable resource consciously agree that China's domestic criminal according to the rule of law and the recognition and action, the criminal law of China also completed, the Penal Code also formed a belief.