A Study Of The Moderation Principle Of Criminal Law--From The Angle Of Mala Prohibia

With the development of the society and Era, Criminal law is making the gradualprogress too. With the surge of the new-type crimes, It is expected that the crime in thefuture will concentrate more on the legal crimes, We can say too that the developingdirection of criminal jurisprudence in the future will be made and be determined legally.Based on scientific crimes and realistic penalty views, and the science foundations on therational Criminology and the prove of the scientific intension of moderation principle ofcriminal law, judging with the standard and implementation method, This dissertation tendto promote the developing benignly of criminal law . This dissertation, is divided into four parts altogether except the introduction andepilogue, word about 56000 in full text. The part of the introduction has been described the meaning of studying in visual angle.Article at first make these meaning classified naturally, and prophesy that the crime in thefuture will concentrate on the legal criminal in a large amount, difficult points and focuses inthe future of studying in criminal jurisprudence will all concentrate on the legal criminal.With this thesis as research can protruding acting the advanced theories of criminal laws 1now, and also it can show the theory of the moderation principle of criminal law andpractice meaning clearly.Section one proves the scientific intension of the moderation principles of criminal law. Imade the regional exploration at first of the moderation principle which ensured thatmoderation agree with specific era background and social reality by the propositions ofprinciple. On the basis of this, the article orientates the moderation principle of criminal lawas the scientific criminal policy concept. Also I analysed the connections between the mailprinciples of the criminal law the world trend Section two proves the scientific foundation of the moderation principle of criminal law.The ideas of a values weighed and scientific reason of China are the two supportivefoundations of moderation principle of the criminal law. One is weighed in the criminal lawview of neutrality requires criminal law to be accomplished in the plural criminal law valuesystem, Satisfy the utility demand as well as lay particular emphasis on criminal law fairness,society as well as fully ensure the people and society's freedom. It is a must that criminal lawwill intervene the society. But the question is: whether Intervene excessively or maintainsilence, the societies must all pay a price for this . Section three expounds the standard of judging the moderation according with sixmajor principles which are the subjective and objective unified principle, Necessity principle,Means about equal quality principle and etc.Section four I made the preliminary exploration to the moderation method of criminal law. Ithinks the scientific moderation system is not merely relies on the rational structureinherented in the criminal law, but also on the operating mechanism. With the effectivecombination of the two aspects, the realization of the criminal law of the appropriate qualitywill come true .The adaptability between criminal law and society is the supreme goal thatmoderation of criminal law is pursued The epilogue part summarizes all the basic conception in this text. 2...