Legal Analysis On Modesty Of Criminal Law

After the Enlightenment, people began to reflect on the deep and rational criminal law,especially the role and position, criminal law,human rights protection and social security functions is a function of the unity of the people most opposed to the harsh voice of the criminal code.Trespassing off against cruel punishment,advocated the idea of penalty criminal law has become the modern theory of the source of thought.Penal code began to recover the lost authority and dignity of the criminal law began to be preached Modesty thinking.Since then,the criminal law continue to move in the direction of civilization,criminal law of the idea of more and more people's attention and advocacy,and gradually began to be reflected in the criminal system.Criminal law philosophy has always advocated for a felony of the country in terms of doctrine,but also plays a vital role.It can make up for the criminal policies and lack of criminal legislation,enabling the function of criminal law to achieve protection of human rights,and to promote the scientific development of China's criminal law,so that China's criminal law tends to be more humane,the construction of socialist rule of law.In this regard,this paper intends to make the criminal law modesty study.This article is divided into four parts:PartⅠ:Introduction of the concept of punishment.Scholars on the meaning of each sentence modesty put forward their point of view,this article captures a few representative views,and puts forward the views of the author of various views and then make a brief assessment of the basis Restraining the further pointed out that the penalty should have meaning.Then introduces the criminal law of the history,respectively,from ancient China and the west two aspects of thought formation criminal law and development.End of primitive society in China in the "cautious" punishment,punishment-shirt,"the mind is brilliant shine with modesty,to the slave and feudal society,although the heavy punishment ideology is still more dense,but the idea with the law criminal law system and to implement a more in-depth and comprehensive.In the west,humanism of the modern penal thought,natural rights and freedom,fraternity,equality before the law and other humanitarian ideas have emerged,making the criminal law have been profound nature of the ideological origins.After entering the middle of the eighteenth century,to the systematic representation modesty and universally recognized.PartⅡ:This part is an underlying legal principle of criminal law to analyze,mainly from the following aspects:China's current criminal advocates combining punishment with leniency policy to require criminal law is not too severe,especially for minor criminal offenses.The humanitarian impact of thought and understanding functional changes in the criminal law, criminal law allows us to recognize that human rights protection should be the focus,rather than crack down on crime.Understanding of changes in the penalty function,the negative of its own criminal penalties such as the limited nature of the expensive nature of the penalty decision in the face of our criminal acts can not be over-reliance on criminal law.We should clearly recognize that crime is inevitable in fact,crime is the production of complex reasons,these legal basis behind the decision of the criminal law to be modesty.PartⅢ:This section is mainly on criminal law of the current situation in China for study,respectively, from our legislative,judicial and law enforcement problems in each of three areas to be described.Legislation exists in the penal system of criminal law is unreasonable,relatively monotonous type of penalty punishment is too broad and some heavy criminal penalties,the problem of color rendering felony.The problems in the judicial level are:When sentencing,some of the evaluation factors were not considered in disguise into the heavier penalties for the accused;The defendant did not correctly implement the provisions of leniency;Facing criminal consequences,do not want to use non-punitive measures;Penalty applies,the heavy sentence of imprisonment for the light non-custodial sentence.Punishment phase of the problem is the following:too little of probation,parole for low commutation, improper operation and other issues.Part IV:This section is to study the implementation of the current Criminal Law of way. There are three ways for our country to realize the implementation of the Criminal Law: non -criminalization, non-penalty and the light punishment. Non-criminalization can be through legislative and judicial decriminalization of non-criminal means to achieve .the realization of non-penalty depends on non-penalty system, exemption from the provisions of punishment, non-criminal sanctions, and the system of suspension. Achieving light punishment we should change the traditional felony thinking, establish the venial penalty of mitigation scientific idea, pay attention to light punishment plot to cash and deliberate the plot of the looters, and strictly limit the use of death penalty.