Shang Yang In The Criminal Law Idea And Study Of Contemporary Legisiation Revelation

As the representative of Legalist, Shang Yang in the history of Qin state successfully launched the two reform movement, the Western Qin from weak to strong, the most laid a solid foundation for the Qin Shihuang rule all the land, once again proved the Han Feizi point of view, the impermanence, impermanence is weak. In the method of Qiang Zeguoqiang, who is a weak country is weak in law.To study Shang Yang’s ideology of criminal law from the position of history, we can clearly found that there were three basic theory of criminal law theory, theory of human nature and origin of political theory. On the origin of criminal law criminal law answer originated from social unrest problem. The theory of human nature is all human scientific and logical start and end of Qin, answer why need legislation. Reform on the answer to why the state of Qin problem. At the same time, compared to before, we find that Shang Yang’s ideology of criminal law has three characteristics of normative, fairness and openness. Standard that Shang Yang advocated the codification of the law, people can stick out a mile. The fairness that everyone is equal before the law Shang Yang advocated, although this equality is still limited, but it is a very big progress. Disclosed that Shang Yang advocated to social public law, make clear to everyone that the provisions of the law, so that the people to obey. It should be said, Shang Yang’s legal thought is rich, mainly contains the following seven aspects, which are the misdemeanor penalty, punishment and reward, punishment and by the family, and not for punishment, even without you, as the law go private, official governance according to law. Among them, a misdemeanor penalty is all of its criminal law thought one of the most important content, can be said to be the core and the basis of the entire criminal law thought, clan punishment collateral and not forgiving not park and so the ideology of criminal law is the external manifestation of.Although Shang Yang criminal thoughts showed advanced at that time, created a legal power of the legend, but to contemporary China construction of rule of law is not completely suitable, we need to inherit and carry forward based on critical. According to the current criminal policy of combining punishment with leniency, China needs to adhere to the suppression of criminal law, criminal law and penalty application of space compression degree. But the idea of equality of criminal law and criminal Shang Yang advocated the importance of before, we need to cause enough attention, especially in the equality of criminal law in our country, there are still some problems, in the legislative and judicial two aspects have room for improvement.