On The Ideology Of Benevolence Of Confucianism To Promote Criminals’ Aware Of Human Rights

Abstract:The ideology of Benevolence of Confucianism which aims at showing solicitudefor other people is an important part in Chinese traditional legal culture.It is on the existence offilial piety and offers universal fraternity to common people,which manifests respectcompletely to a man.Criminals consist of a special group.They are being reformed by criminalpenalty but are indifferent to human rights.But actually,the essence of crime is harmeness tohuman rights.Accordingly,the subjective reason that a man becomes a criminal can owe toindifference to the awareness of human rights. The characteristic of Benevolence can makes itpossible to be linked up with awareness of human rights and it can contribute to analysing theessence of crime and eliminating subjective reasons of crime. Furthermore,it has particularhuman value.Chinese criminal laws increasingly aim at protecting human rights.Influencingcriminals but not only punish them conforms the tendency of current criminal policy. And itcan promote other means of reforming criminals.Practical experience in China hasexsited.However,on one hand,China does not offer enough education to criminals.On theother hand,the way to influence criminals is too far away from their life.Therefore,it isnecessary to promote criminal’s awareness of human rights.The promotion of ideology ofBenevolence is feasible because it is possible to correct criminals’ evil doings to make them bekind and the propagation and acception of it is jammy. China has rich cultural resource inprisons and has a long history of educating criminals by culture. In terms of constructing thesystem,China can take advantage of current recourses,increase the construction of culturalrecourses in jails,carry out current laws all round and improve laws to promote criminals’awareness of human rights.