The Constitutional Research On Spirit Of Modest And Restraint Of The Criminal Law

The Constitution is the fundamental law of the state Constitution, the protection of human rights, is the highest, the core in the constitution value targets. The austerity of criminal law spirit is the value of modern criminal law concepts, and is also the development direction of modern rule of law civilization. Past people only attach great importance to the protection of criminal law in the fight against crime victims and well-meaning people function, easy to overlook the criminal law in the protection of each individual citizen’s human rights from the state punishment improper infringement function. In fact, the Constitution by limiting state power led to the realization of citizens’ freedom and democracy, the protection of the basic human rights of everyone. Countries advocated strengthening the building of democracy and the rule of law, promoting social equity and justice, its fundamental basis is filled with the human rights of the constitution, the most important protection is the application of the criminal law. Restraining Criminal Law spirit of universal essential to break the criminal law, narrow criminal law has an important influence in the current Criminal Law International and integration trends, the Criminal Code Modesty spirit should become the basic principles of criminal law under the Constitution concept. The Constitutional Research on Spirit of Modest and Restraint of the Criminal Law aimed at the protection of human rights through constitutional perspective, to investigate the function of the realization of human rights protection in the criminal law. Restraining Criminal Law can be the spirit of the constitution, criminal law and jurisprudence, political, academic and other academic and legislative, judicial recognition of the substantive departments, and ultimately be able to successfully used in social practice to protect the basic human rights of the citizens. This paper is divided into four chapters:Introduction to parts, the first is the problem of the proposed innovation and the necessary the Modesty spiritual from the Constitution sight Criminal Law. Followed by domestic and foreign scholars Research Restraining Criminal Law spirit, summarized the commentary involving criminal law of Modesty spirit and basic principles of criminal law, philosophy and the Constitution. Then I introduced the research methods and the significance of the topic of this article.The first chapter mainly elaborates the austerity of criminal law the basic theory of mental, involving the austerity of criminal law definition of mental judgment, properties and development process and content. About the definition of the concept, different scholars have different understanding of both at home and abroad, the author through the analysis considers the austerity of criminal law spirit comes from European enlightenment ideas, and introduced into China from Japan, rather than a "cautious punishment" concept in ancient China.The first chapter mainly elaborates the austerity of criminal law the basic theory of mental, involving the austerity of criminal law definition of mental judgment, properties and development process and content. About the definition of the concept, different scholars have different understanding of both at home and abroad, the author through the analysis considers the austerity of criminal law spirit comes from European enlightenment ideas, and introduced into China from Japan, rather than a "cautious punishment" concept in ancient China. The content of the spirit in criminal law include the finiteness of criminal law, criminal law of economy and humanity of criminal law.The second chapter presents the austerity of criminal law the history change of constitution and mental development, horizontal comparison the austerity of criminal law mental in the development of the continental law system and Anglo-American law system, the changes of the constitution and the constitution of the People’s Republic of China in foreign countries. First of all, the constitution of the abroad is introduced in Britain, the United States, France, Germany, from modern times and modern development. Then to modern China promulgated by the tolerance of mental change in the constitution relating to criminal law introduced, understand its history.The third chapter on the basis of comparative criminal law and the constitution relationship focus on analysis of the austerity of criminal law spirit and the relationship between the human rights constitution safeguard. Modesty of criminal law spirit as a kind of criminal justice concept and the constitution emphasizes the ultimate humanistic care and human rights protection between closely related. Under the guidance of the principles of the constitution, the criminal law department through the appropriate use of and in the fight against crime and achieve effective balance between the protections of human rights. And through the analysis of some typical constitutional precedents abroad, understanding the modern constitution and criminal law in guarantee citizens’ basic rights of common values and different implementations.Chapter Ⅳ on the basis of the aforementioned theory, from the point of view of the Constitutional guidelines of criminal law Modesty spirit in the concrete realization of the country, including the guidance of the Constitution and applicable constitutional achieve the protection of human rights and stressed the need for constitutional guidance and feasible and how Constitution, under the guidance of the specific implementation of the Criminal Code Modesty spirit, including the penalty structure in light punishment, to the final realization of human rights protection.