Theory On The Criminalization Of Morals Of China

The tendency of the criminalization of morals and anti-morals is intertwined, Leading to the relations of the criminal law and the morals become a hot topic. The scholars who Support the criminalization of morals consider that Criminal law is the most ethical moral law, Must be based on morality。Opponents emphasize the essential difference between the criminal law and the moral, Should try to pull away the moral norms of the criminal law, otherwise will cause the rampant of the criminal law。On the other hand,To the division for the moral in accordance with the standards of the criminal law is the Necessary requirement, Opponents consider the pluralism、fuzziness of the moral and the clarity of the criminal law are irreconcilable conflict, So the criminalizationl of the morals is difficult to complete.We considerhat both connection and difference between criminal law, morality and completely out of the criminal law of moral is not exist.Morality is not only affect the conviction also influence sentencing, some necessary moral obligation of the criminal law has both punishment law basis and theoretical basis.Legislators should be timely to the judicial practice of moral sentencing theory of the criminal law, and reasonable to regulate the behavior of moral sentencing.This article mainly make affirmative and negativism disputes as the breakthrough point, through the theory of normative research and comparative analysis on some beneficial exploration, to achieve the correct understanding of the criminalization of the morals, perfecting the moral building and system design of criminal law theory, to provide scientific guidance for the legislative and judicial activities.The text is divided into four chapters. The first chapter put forward questions, to debate the relationship between criminal law and the moral as the breakthrough point, combined with the case which exist various problems in the process of criminal law. The relationship between the criminal law and criminal law, and the the research status of the criminalization of the moral.Fistly,scientific definition of the concept of moral in ethics and the relationship between criminal law section, respectively from the moral and the relationship between the function of criminal law, the relationship between moral and crime, moral and penalty to demonstrate the relationship between the criminalization of the morals. Then the paper points out that the essence of the crime concept is a powerful weapon in solving moral conflict with the criminal law. Finally the status and existing problems of moral theory of criminal law are expounded. The third chapter focus on the moral theory of criminal law building, this chapter is the most important part of our research. First of all,demonstrate on the moral punishment law basis of criminal law from two aspects of conviction and sentencing. Then make a scientific definition on the moral standard of the criminal law. Chapter iv is for the costruction of the system of the criminalization of the morals, mainly summarizes the above research results on the moral system of criminal law, and try to build the construction of systerm.