Legally Prescribed Punishment For A Historical Interpretation

On July 14, 1789 the French Revolution breaks out. On August 26, the Constituent Assembly approved world-famous "Declaration of the Rights of Man and of the Citizen" ("Declaration of Human Rights"). Article 8 states that: "The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense." It marks principle of legality in France established. Principle of legality has been worldwide recognized as the Penal Code in many countries in the future, mainly in Continental Law countries. In this paper, author questions traditional views that principle of legality in France establishing and historical significance is development of Humanitarian. Author tries to put forward a new interpretation path by interdiscipline. About Principle of legality, demonstration of Liberalism and humanitarian includes has a assumptions and two practical consequences. The assumption is a people's behaviors are formulated by the state Penal Code as the benchmark. People's behaviors are choice through provisions of the Penal Code is made after rational choice. The two Practices consequences: (1) prevent the possibility by unwarranted charge to others convicted. (2) Make some people who doing a serious of dangerous behaviors to society escape legal sanctions. In this paper, author denies the above assumption and two practical consequences.Sociologist Giddens' nation-state theory explains the general pattern of the European social changing, from loosely, vulnerable countries to the unified and powerful nation-state. It can be said that this evolution of the nation's continuously strengthen political functions of states. But (1) the sources of law is complex (multiple system of laws and regulations). The royal family law, church law, customary law, "Amnesty" and "pardon letter", law books, theological writings, and so on can become the basis for the magistrate. There is not any uniformity. (2) And a relative complex problem is the diversity of the judicial system (multiple judicial systems). (3) secular state and society relations, the relationship between the state and church, the relationship between the central and local governments, has also displayed a loose structure of the system, the fragile structure of the State, in fact, whether the multiple justice system and pluralistic legal or standardized system, the underlying problem is a political power diversification. Secular state and church, the central and local governments have formed a relative balance of political forces, which is the formation of an efficient, functional national organizations imperfect form. All of these are overwhelming and runs counter to the historical trend. These phenomenons request the French society changing for effective mobilization.After the revolution, with the separation of powers principle of legality and words symbolic system, as well as a series of other auxiliary system design to achieve the transformation of the modern state. The legislative power becomes state monopoly; judiciary can only be based on laws enacted by the legislature. It makes the judiciary and effective, efficient controlled guaranteed the separation of powers uniformity. In order to strengthen the control of the intensity, discretion of the judges and the right interpretation of the law are also excluded.Countries in transition and gradually powerful, in accordance with the logical inference it should be principle of legality as the development of the times gradually weaken, but the contrary, it seems that the principle of legality has been more strengthened, and an increasingly higher. However, the subject is liberalism, human rights and so on. In fact, (1) the principle of legality softened in original sense; (2) the principle of legality by the values increasingly strengthened. Expansion interprets and analogy interprets impact on the principle of legality in fact. That is due to the extensive expansion interprets, analogy interprets, the goals and objective interprets makes the principle of legality at the beginning of the significance have weakened in fact. On the other hand, as a value concept, the principle of legality has been heightened. The principle of legality comes along with a beautiful cloak at the beginning. For example, the separation of powers, natural law theory, freedom and so on. Today, it has become human rights, the symbol of the rule of law. Scholars through the absorbs new idea, such as freedom, democracy, human rights, the right to limit government, the appropriate punishment, methods of punishment (penalty) humane, and so on. The principle of legality as the Valuable Vessels, be out of the old, outdated thinking; added that the new interpretation of the content, making the vitality of the principle of legality has been constantly strengthened. Because of freedom, democracy, human rights these value itself increasingly strengthened and the principles of legality and absorbed the content of these concepts, they have become the implied mutual relations and promote each other. We feel that life on the principle of legality growing stronger, but has not enhanced in the original sense of the principle of legality, but they only strengthen our spirit of the times.China's so-called principle of legality is not established on the establishment of their own social needs,. We do not exist the conditions and so forth. Principle of legality in china is because of the world's power structure affection.Over all, principle of legality and the struggle with social change is not accidental, but it is not thinking of what the result of human right progress. Is not so much of legality principle of social changing, as it is social change itself .It can be said it is the model of modern governance in the operation of a gear. Principle of legality monopolies justice; with function of word information transmission will spear will of state. So, principle of legality becomes a technology of governance. Effectively restricts the non-State and local power factor and combines with other social system, the mobilization of many or even all of the forces of society, the structural formation of a powerful modern country's unification entities. At last, the conclusion is the deconstruction of principle of legality, but also another kind of thinking.