Journal of Jishou University(Social Sciences) ›› 2008, Vol. 29 ›› Issue (1): 77-82.

• Law • Previous Articles     Next Articles

On Molding the Guidable Cultural Character of Chinese Criminal Law

  

  1. (Law School,Qinghai University for Nationalities,Xining,Qinghai 430073,China)
  • Online:2008-01-15 Published:2012-05-17

Abstract: The guided cultural character of criminal law refers to its cultural peculiarity to guide human behavior.It makes criminal law guidable,cultural,humanistic,and autonomous.In our country,which overemphasizes the separation between religion and law and in which the holiness of law is not granted by religion,the guidable cultural character of criminal law must be modeled so that it can develop humanistic spirit,realize criminal rule-of-law,and guarantee human right.The modeling should rely on the concrete practice of law.In the criminal legislation level,we should adsorb the excellent culture in traditional criminal law and make individual legal interests prominent in the legal interests system while transplanting the advanced system;in the criminal judicature level,we should confirm the independent and open position of judicature by reform;and in addition,we should make legality more publicized.

Key words: criminal law, guidable cultural character, criminal legislation, criminal judicature

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