Criminal Law For Enemies And People's Democratic Dictatorship

Professor Jakobs is the present famous jurist in Germany, He held that the functions of criminal law are "elimination or resistance for risk", the offenders whose behavior had deviated from the basic norms of society , should not be protected as"person"so they must be expelled through much more stringent measures, such as the war. Only in this way, the legitimate rights of other people could be guarantee. The "criminal law for enemies" caused violently attacked , the other scholars believe that this theory has apart from the basic principles of rule of law, leaded to the unlimited expansion of power, this is a great danger for the civil liberties and human rights.However, through the further analysis of the norms which has been persisted by Professor Jakobs, we found that the "criminal law for enemies" is just a tip of the iceberg, it seems extreme in appearance, but the internal is a set of stunning Logical system.Meanwhile, "Constitution of the PRC", Article I states that "The People's Republic of China is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants" , but the parties to the "dictatorship" is suffering awkward position .The purpose of this article, is finding a new perspective, which can lead to the solution of the problem between "dictatorship" and "law ", and the key to solve the problem just is "criminal law for enemies"."Who are our enemies? Who are our friends? The problem is the most important issue in the revolution", and this sentence is still a very difficult position, but had to answer.