The Impact Of Changing Ethics On The Legitimacy Of Punishment

The justice judgment of penalty should be based on social ethics.As one of the ways to burden the criminal responsibility,the legitimacy of penalty should be taken as the logical starting point of penalty when they are created and used,and this logical starting point should also be based on the examination of ethical norms,thus it should play a role in the legislative arrangement,judicial application and penalty theory research."Legitimacy of penalty" should come from the social basic ethics.In a word,the ultimate proposition of criminal law,namely the judgment of the legitimacy of penalty must return to the logic starting point--ethical basis.In the Era of Science,the existence and function mechanism of ethics and morality should take the tolerance rule into the field of vision,and as a standard of the legitimacy of punishment in the process of punishing and criticizing the social members.In the new era of socialism in China,the rule of tolerance as the ethical consideration and the theoretical source of the justification of penalty includes four separate criteria:voluntary,permissive,valuable and public condemnation.Therefore,the preconditions of punishment should also comply with the criteria of voluntariness,permissibility,value and public condemnation.In the era of science,the promotion of tolerance rule is consistent with and closely related to the design and application of penalty legitimacy norms.Tolerance rule can provide a standard for the substantive review of penalty legislation and penalty justice,thus an urgent practical significance for the design of penalty legitimacy system and judicial application can be implemented.