On Chinese The Penal Modern Ethical Constraints

The relationship between criminal law and ethics indicates the relationship between law and morality. The ethics of committing crime and the retribution theory in penalty theory confirm the moral foundation of the criminal law. In the ancient China, the criminal law was the ethnical law, and its place was taken by the thoughts and system of western criminal law step by step. But the Chinese traditional ethics still have influences on the operation of the China's criminal law. During the process of the criminal law operation, the ethics and criminal law continue to collide with each other, and the collisions show the ethical restraints of the modernization of the criminal law. In order to solve the above issues, criminal law in legislation should be consistent with the social ethics. Social ethics should be paid more attention to in the administration of justice, and the best effect on the society of the implementing of the criminal law should be pursued. Only in this way, could the modernization of criminal law be achieved.