The Theory Of Constitutional Basic Rights In Our Country Criminal Law Effect

The supreme effectiveness of the Constitution requires that the constitutional rights must be able to implement and be reflected in the various department laws. In order to Highlight the Constitution’s character of limiting the power and protecting the right, as one of an important department law in China’s legal system, the criminal law is bound to bear the mission making the value and specific content of the constitutional rights into criminal law. In view of this, this paper makes the effect of constitutional right in Criminal Law as a research object. Analyzed as follows:Firstly, this paper defines the concept of the effect of constitutional right in Criminal Law, and thinks that the effect of constitutional right in Criminal Law refers to the binding of constitutional rights on the criminal law’s legislative power in the criminal law-making process, in order to make the value and specific content of the constitutional rights into criminal law. At the same time, this paper makes a brief analysis about implementation and influencing factors of the constitutional right.Secondly, this paper thinks that the binding of constitutional rights on the criminal law’s legislative power is highlighted in the regulation of constitutional rights on the national power of punishment. Based on the limit theory of constitutional right and the principle of criminal law to retain, this study focuses on the specific implementation way of the regulation of constitutional rights on the national power of punishment.Thirdly, In order to analyze the actual state of the effect of constitutional right in Criminal Law, this paper takes citizens freedom of speech as an example, and comparatively analyzes and evaluates the protection and restriction to citizen’s freedom of speech from our country’s Criminal Law in different perspectivesFinally, This paper presents some recommendations about the effect of constitutional right in Criminal Law for improvement, including further improvement of the principle of criminal law to retain from the perspective of the constitutional text, the adjustment of the idea of protecting constitutional rights from the criminal law, and the establishment of matching national conditions and highly effective constitutional review system.