Study Of Shen Jiaben’s Human Rights Thought In Criminal Law

The Shen was born in 1840, coincided with the outbreak of the Opium War era, Chin a’s feudalism had to the decline, senior officials he was born in a feudal family, childhood received a good education, especially for the Chinese traditional culture has a profound hu manitarian thinking understanding and insight. Shen during the punishment of this work, n ot only to continue to study ancient Chinese historical data, but also for human rights and t he theory of Western bourgeois ideology also conducted in-depth research, therefore, the f ormation of human rights thought Shen this Code to a large extent by the traditional huma nitarian ideas and enormous influence of Western ideas of human rights.Qing dynasty, the Qing government in order to maintain the crumbling feudal rule, th e pie Shen et al. The large-scale repair law, this time, Shen will have the opportunity to pr esent his human rights thought is reflected in the criminal law formulation and revision of laws. The main content of Shen this reflected in the revised criminal law human rights law thought process is as follows: First, we must pay attention to the right to life and health of people, in order to protect the right to life and health of people against draconian laws and advocate of individualization of punishment. The principle of legality Shen advocated rep ealing "analogies" system. For the death penalty, capital punishment Shen this proposed a pproval procedures must be strictly, to be the sole means of implementation of the death p enalty, the death penalty execution venues to be secret. Second, judicial system reform, pr ohibiting torture, reforming the prison system, and better protection of human rights offen ders. Third, we must respect the equal rights, equal emphasis on human rights, Shen propo sed to eliminate this major privilege Manchu, Manchu and Han implement equality; the ab olition of slavery statutes prohibiting human trafficking, promote ideological identity equa lity personal equality.Shen is one of the modern history of China on human rights issues earlier awakening,he proposed and developed in the process of amendment of law in human rights law that r eflect ideas, to spread the cause of building China’s human rights development and human rights and universal ideas play a significant role in promoting, since then, thinking on hum an rights and human rights concept is catching on, the future no matter who wants to enga ge in human rights abuses in China’s dictatorship, are unpopular. Needless to say, this thou ght Shen human rights are progressive, but it also has its limitations. His human rights tho ught only traditional Chinese humanistic thought of modern human rights ideology transition to many of his views and ideas on human rights still belong to the traditional humanitar ian category. Nevertheless, as a pioneer of human rights thought Shen present in the proce ss of amendment of law reform advocated by human rights advocate and practice on a farreaching impact on future generations, and since then human rights ideas and concepts co mmonly accepted by the majority of Chinese people, for the people consciousness of hum an rights plays a significant role in promoting.The Human Rights Thought Shen Enlightenment construction of modern human right s are: institution building and human rights to the basic economic system and political syst em and cultural system to adapt; to achieve development of human rights can not be close d-door policy, but should with international standards; development of human rights must be improve the legal and law enforcement a high-quality team for the guarantee.