The Doctrine Of A Legally Prescribed Punishment For Crime And Penalty And The Criminal Code Of China

The doctrine of a legally prescribed punishment for crime and penalty is one of the most important and basic principles in criminal law, its essence lies in limiting power and ensuring human rights. The doctrine of a legally prescribed punishment for crime and penalty is established in non-monopoly capitalism period, but because of the changes in eras, the change from individual oriented to society oriented challenges The doctrine of a legally prescribed punishment for crime and penalty, which takes the ensuring of human rights as its duty in the period of monopoly capitalism. But no matter how the situation changes, The doctrine of a legally prescribed punishment for crime and penalty is still one of the most basic legal principles generally followed in criminal law, and its function serving as objection to the discretionary in criminal law and ensuring human rights haven't changed any more. This paper mainly discusses on the essence of The doctrine of a legally prescribed punishment for crime and penalty and makes some compliments. This paper also points out its positive meaning, problems and suggestions.The following points are the concrete content:this paper includes two parts, the first part is the brief introduction of The doctrine of a legally prescribed punishment for crime and penalty, including four respects:(1) definition, origin and the development of The doctrine of a legally prescribed punishment for crime and penalty, mainly discussing on the necessary requirements of The doctrine of a legally prescribed punishment for crime and penalty as one of criminal law principles and the its history of establishment.(2) theory origin of the doctrine of a legally prescribed punishment for criminal law, including the theory of law of nature, the theory of seperation of three powers and the theory of phychology coercion.(3) challenges facing The doctrine of a legally prescribed punishment for crime and penalty and the doctrine's development, mainly discussing the suspects in the theory origin of The doctrine of a legally prescribed punishment for crime and penalty, especially after we enter the monopoly capitalism. Because The doctrine of a legallyprescribed punishment for crime and penalty experiences unprecedented challenges brought by the change from individual oriented to society oriented. However, its value essence of limiting power and guaranteeing human rights has never changed. This is the reason why The doctrine of a legally prescribed punishment for crime and penalty has been established even faced with a lot of suspects.(4) its status in our country. The doctrine of a legally prescribed punishment for crime and penalty has been regarded as one of the most important and basic parts of the rule of law system, because this principle guarantees the most basic and important right-human rights.The second part, the implementation of The doctrine of a legally prescribed punishment for crime and penalty in our criminal law, including four respects:(1) history of development in China, mainly discussing its history of development in old China and its embody in criminal law established in 1979.(2) its implementation in criminal law, namely, the abolishment of the analogy system, no tracing back in criminal law, limiting the courts rights in making decision, the realization of the doctrine of a legally prescribed punishment for crime and the doctrine of a legally prescribed punishment for penalty.(3 )the deficiencies in its implementation in our country, mainly discussing: 1. the statement of The doctrine of a legally prescribed punishment for crime and penalty in our country violates the spirit of modest. 2. problems exist in the doctrine of a legally prescribed punishment for crime, mainly discussing: Ithe using of the implied type in affirming crimes. 2obscure description of the characters of criminal acts. 3indeterminate definition of the standards or specifications in the constitution of a crime. 3. problems exist in the doctrine of a legally prescribed punishment for penalty: Ithe o...