Criminal Law Modern Research

With the social progress and economic development,people's values and the rule of law in criminal increasingly rational and civilized. People in social development and changes in the movement to promote the value of the whole system of civilization,a great innovation. Includes the modernization of human thought and behavior changes in all areas of the multiple process of social modernization of the legal system modernization as an important aspect of the system is, in essence, is the rule of man from the traditional rule-based system to the rule of law changes. Criminal law and public law as the limit of a typical representative of the social control played an important role. To explore the process of modernization in the Criminal Code, the criminal law system characteristics, the development trace, the value of the target, the better play of criminal law in the role of social adjustment to achieve the protection of human rights, build the rule of law plays an important role in society.This paper attempts to modernization and the rule of law from the general theory of modernization started in the value of modern criminal law objectives, system characteristics, the development of the modernization of China's Criminal Process and the gap between paper and other aspects. In this paper, the method of historical analysis, a comprehensive study of sociology of law perspective, to sort out the modernization of the Criminal Code. Thesis is divided into five parts of the body: The first part introduces the general theory of modernization of the legal system. Through different academic perspectives to the study of modernization, the analysis of the modernization of the basic content in details, reveals in the modern world, the rule of law and the value of the connotation of the trend of the times.the rule of law as an important means of social governance, in resolving social conflicts, and promote orderly development of the community plays an active role. In today's world, different backgrounds and social development of the country towards the rule of law in the process of modernization. Explained the second part of the modernization of the system characteristics of the Penal Code, this part of tradition and modernization through the introduction of the criminal justice system, and ultimately from the perspective of the historical evolution of our modern criminal law sort out the development process. Traditional criminal law system is characterized by a significant punitive measures, with the socio-economic globalization, the trend of the democratization of politics, modern light imprisonment of criminal law and criminal law focus on the evolution of the humanitarian. The third section describes the value of the objective of the modernization of the Criminal Code. From the evidence, the value of the standard three levels of society, demonstrates the value of the Penal Code should have a modern form of rationality, the protection of human rights and values of high-performance.the forth section describes the development of China's Criminal Law and the lack of modernization. China's criminal law has experienced from the late Qing Dynasty and the socialist course of development of criminal law, and achieved good social effects, the degree of the rule of law is also rising. Heavy in our country under the influence of tradition, we have emphasized the excessive nationalism of the legal value of the whole nation, does not recognize that people's value is the importance of the protection of human rights. The last part is to describe the gap of the modernization in China's criminal law, we need to improve our system of criminal law. Change from the value-oriented concept of the rule of law under the guidance of the concept of specific changes to criminal legislation, the administration of justice, and ultimately to build a modern system of criminal law.