Theory The Cautious Punishment Principles Of Criminal Law

Here the author quotes a famous Chinese ancient sentence:"Morality is the foundation of truth, and the penalty is the edge of the truth."Otherwise Chinese politic never abandon the ruler's penalty. Therefore the politics are always related to the penalty. Many Chinese Emperors and ministers had researched on the reasons of last dynasties'destruction through the penalty policies to guard their ruling. The history of cautious on the penalty began with the theory of"Emphasize the morality and cautious on the penalty". The theory of"Emphasize the morality"including .the rulers should restrict themselves to prevent the undue desire and end the unjust behaviors; the rulers should care about the pains of the people and release the exploitation to make people living better. The point of this theory is to gain people's support which entrusts the morality of the rulers. The rulers will be blessed by the God when they have the morality. The theory of"Cautious on the penalty"means cautious the application of penalties and prevent to harm innocents. Specifically, this theory includes the analysis on the criminals and treating them separately. In the development of the human beings, the reasonable recognition on the objectiveness which is the theory of the cautiousness on the penalty is also developing. The author will focus on this reasonable recognition and analyze the goal of the criminal law on the research of the origination of the criminal law. The criminal law reveals the humanity care of the nation and government on the citizens. Therefore, the criminal law should be reasonable and justified, humanistic and harmonious.This paper hope in the process of research by the article is divided into three chapters, nanjin ", chapter cautious punishment "history, analysis the punishment is along the rational track how development and progress. Chapter discusses criminal law aims to defend human rights also implement penalty and the most could damage its human legitimate power, so, how to prudent penalty punishment, prudent embody what is what the problem? The last chapter is specific to the judicial level prudent penalty problems and how is the situation. This paper discusses the chapters, the hope can be in this difficult projects are in their own little insight to have the knowledge of penalty, can not only theoretically have new self understanding, also calculate practicing law philosophy. In his book, "ChenXingLiang criminal law professor of book foundation of human wrote:" rational is human glorious and proud "as the method, behoove building nomocracy beliefs, dialectical thinking mode, with rational thinking mode in learning career exploring.