On Penalty Power And Protection Of Human Rights

The research of protect human rights has long-standing, the criminal law was considered that is the individual rights protection god, the penalty power protection of human rights function is without a doubt. However, penalty's essential attribute namely punitive will not fade in the human culture development. The penalty power is the huge and effective method that the rulers manage and control society. It is based on eliminates or limits the civil liberty. The penalty power's this kind of natural quality decides that its a side is the opposite of human rights protection. The penalty power has the formidable backing, often resides in leading in the social life. The human rights are abstract, and the law surpasses obviously to the order value pursue to free and the fair request. Therefore, the penalty power's launch must be controlled rationally. The penalty power is the right way that maintains society and safeguards human rights. We should reduce the penalty power's negative effect. This article mainly research limit the penalty power to protect human rights. The paper refers to the standard of the international human rights protection, and analyzes the question of limit the penalty power to protect human rights in our country. Then author puts forward the reasonable proposal about limiting the penalty power to protect human rights for our country.The paper is divided five parts.The first chapter introduces the research goal and significance as well as the current research situation of the topic. This part explants various parts briefly, in order to achieve the compendium function.The second chapter is the part introduces the basic theory and concept. This part presents the implication of the penalty power and human rights, and analyses the relations of the penalty power and human rights, for limiting the penalty power to protect human rights.The third chapter introduces the law of limit the penalty power to the protection of human rights. According with the provisions of the International Covenant, it describes the criterions which limit the penalty power to protect human rights in the international criminal justice and States Constitution and the penal legislation the penalty for the content of the right to the protection of human rights. Hope it an be learned to our country.The fourth chapter introduces the reality of our country. Affirmed the achievements of our country, then the author points out flaws, such as defects in criminal legislation and the penalty applies to defects and so on. Finally, analyze these defects in the law and the concept of the existence of reasons, such as a weak concept of human rights and the impact of heavy thinking, the ultimate goal is to find a reasonable solution. The fifth chapter gives some advises in perfecting our country's system. Proposed three measures, the first is legislative constraints to the right of criminal justice; the second is judicial power in order to achieve the power of checks and the third in balances of power to the right to restrict the power.