Burst of 1789 July 14, the French Revolution, on August 26, the day, the constituent assembly officially by the later famous in the world of the rights of man and of the national Declaration on the right to (referred to as the "Universal Declaration of human rights"). Medium Article 8 points out "outside the relative need of punishment cannot establish justice, not according to the criminal action to develop and publish and implement the judicial, not punishment anyone." This article is defined as a legally established principle of a legally prescribed punishment for a specified crime. Scale back the crime punishment legal principle alive has been recognized, later to become the nations criminal law code, it is important to continental law system country criminal code Bingcheng philosophies. In this paper, the occurrence of to traditional humanism theory of degeneration of argumentation thoughts evil legal principle, establishment and historical significance of the thoughts questioned, trying to traditional views of challenge and with interspersed with intellectual discipline and put forward new way to illustrate. Traditional liberalism, humanism retreat of the argumentation of legality includes a preset and can be launched two to the theoretical results. A presupposition is that people's actions are based on the written criminal law made by the state, which is the perceptual choice after the comparison of the criminal law. Two theoretical effect (1) to avoid unwarranted charges to others into sin. (2) the Department has implemented a serious injury to the community of people who fled the judicial sanctions. This paper has denied the fact that the above two theoretical results can be. Giddens, an English sociologist, has illustrated the fact that the common form of social change in Europe is a relaxed and weak country, and the change of the same and expanding national. It can be said that this change is continuously strengthening the process of national political efficacy. But (1) the legal origin of the common law is very complex (plural judicial standard system). According to the Royal justice, church justice, customary law, "amnesty" and "pardon", law books, theological writings, and so on can be the judge. There is no identity at all. (2) a result of the complex and the judicial origin is the diversity of the judicial system (plural judicial system). (3) secular state and society relationship, the state and the church, the central and local relations also said derailed the structures of the slack of and the flabbiness of the national structure, reality, regardless of the multiple system of justice still diverse standards of justice system, represented by the front is the diversification of the political strength. The political strength of the absolute balance between the secular state and the church, the center and the place, and thus constitutes a form of state organization which is less effective and less effective. All this potential historical trend to put into gear. This picture of a request to the same, the request of the state of society useful conditioning, launch, grasp of the French community is no doubt necessary to change the. After the revolution, the principle of a legally prescribed punishment for a legally prescribed punishment for a legally prescribed punishment for a legally prescribed punishment for a legally prescribed punishment for a specified crime is divided by the three powers, with the help of text and other systems and a series of systems designed to accomplish the transformation of the ancient kingdom. Legislative body will be the legislative power of the monopoly in their own hands in the hands of the state monopoly of the legislative power; judicial organs can only be formulated by the legislature to stop the trial of the judiciary. Completed the inability of the judiciary, and efficient control, and to ensure that the rights of the separation of the same. In order to enhance the strength of the master, the discretion of the judge and the judge's right to explain the judiciary has also been excluded. Countries to complete the transformation and gradually grow, in accordance with the logical deduction should be the legal principle of a prescribed punishment for a specified period of time to gradually weaken the growth. But, on the contrary, the main character of the principle of a legally prescribed punishment for a specified crime is more and more strengthened, and the position is more and more high. However, that thoughts are the value of liberalism, human rights retreat etc.. In fact (1) in the original sense of the legal principle of a legally prescribed punishment for a crime; (2) the legal principle of a legally prescribed punishment for a specified crime has become more and more strengthened. Increasing, illustrate the analogy, the essence of the principle of a legally prescribed punishment for a specified crime positive stressed that nature is the principle of a legally prescribed punishment for a specified crime in the history of the impact, it is because increasing the universal and practical, analogy to illustrate the existence of the essence, boarding indecent doctrine stating the purpose of promotion, on the principle of legality is a, established at the beginning of the significance of the principle of legally prescribed punishment for a specified crime reality weakened the. On the other hand, as a kind of value concept, legality is continuously strengthening. The principle of a legally prescribed punishment for a specified crime is at the beginning of a period of time with the concept of the jacket. For example, the separation of the three rights, natural law, real freedom, and so on. Tomorrow it has become the means of human rights and the rule of law. Through the process of jurists gengxu interpretation of a legally prescribed punishment for a specified crime legal principle continuously receiving period philosophy, such as freedom, plain near the main, human rights, limit in authorities, appropriate disciplinary action, measures for the punishment (punishment) human nature, and so on. Principle of legality is the value during the period of the container, engrave jig old, outdated thinking; modify the past theory; make up and the new interpretation of the content, offend criminal law set the principle of life is increasing ceaselessly. Because the values of freedom, the people and the human rights have become more and more strengthened, the principle of a legally prescribed punishment for a legally prescribed punishment for a legally prescribed punishment for a specified crime has received the contents of these ideas. 目录: |
