| As codes of conduct to adjust our present society, both of the 97's Criminal Law and morals display conflicts. First, conflict between the 97's Criminal Law' severity and morals' tolerance. Second, conflicts between the 97's Criminal Law and civic virtue, including should-be conflict and actual conflict between the 97's Criminal Law and morals. Third, the conflicts between the 97' Criminal Law and judicial official's actual morals。 At the same time, we must see that there are conflicts between the 97's Criminal Law and morals, but it is merely a superficial phenomenon, so we should inquire reasons that cause these conflicts.There are rensons why there are conflicts between the 97's Criminal Law and morals:The one hand, the 97's Criminal Law and morals are different.It including two points:1,Different values. 2,Different emphasized points of function. The other hand, reasons of the criminal law itself.It including two points too:1,Articles of the criminal law have their limitation. 2,The legislative ways are imperfect. Based on analysis reasons why there are conflicts between the 97's Criminal Law and morals. What we should do is trying to coordinate the conflicts in this article. So, the other important question that we concern in this article is how to coordinate the conflicts between the 97's Criminal law and morals. It is necessary and possible to coordinate the conflicts between the 97's Criminal Law and morals. We should coordinate the conflicts between the 97's Criminal law and morals from the following five aspects: First, adapt the light punishment tendency, which at present is the trend of the world's criminal law's development. Second, legalize morals and moralize criminal law at the right time. Third, distinguish the criminal and morals strictly in practice stratification. Forth, repair the insufficiencies of the 97's criminal law. Fifth,strengthen moral construction, including citizen's moral construction and judicial officials' occupational ethic construction.
|
PDF Full Text Request