| The principal of scaling the verdict according to law is the product of the capitalist's struggle against the law of arbitrate verdict under the feudal system .The struggle is a profound revolution in the history of the world's legal system . While the principal of rule by law has won the common acknowledgement of the international arena, it has become the most fundamental principal of the criminal law regulations of the majority of the countries in the world. Also, it has become an important criteria of testifying a democratic modern country.The thoughts of scaling the verdict according to law enjoys a long history. It can be dated back to the Great Chapter signed by John the King in 1215. Since then, the principal was further extended with the development of the humanism. It was verified in the Petition of Rights in 1628 and the Act of Rights in 1628 and the Act of Rights in 1689 respectively .In a modem sense, The principal as a primary principal, was firstly established in a legal Book France's Manifestation of Human Right in 1789. The principal of scaling the verdict according to law is gradually acclaimed in the legal documentations of various countries with the development of practice.Scholars hold different points of view in respect to the theoretic basis of the birth of the principal. Among which the theories popularized in the time of its birth can no longer provide strong support to the principal which experienced dramatic shift of eras. However, it's not withered. Instead, it keeps its vigor and demonstrates... |