The Ethical Standards Of Sin In And Out Of The Criminal Law

The old saying goes:"The only good is not enough to self-governance; laws alone areinsufficient to itself".This shows the relationship between moral and law should beinterdependence. If lack of moral support, law can only become rule tools to restrict people,but no longer consider whether the laws comply with good and evil. Without morality, the lawmust not be observed generally. Therefore, ethical requirement is inevitable for criminal law.Many ethical issues in life bring criminal law into dilemma. These ethical challenges havebecome problems demanding prompt solution in judicial practice. From ethics, criminal lawand other fields, on the basis of introducing moral concepts、classifications and theirrelationships, this paper pays more attention to the internal and external moral property of thecriminal law and ethical standards and practice requirements that morality to the criminal law.We hope to solve the numerous puzzles effectively in judicial practice through this way.This paper consists of preamble, text and conclusion and is formed by five parts: conceptand classification of morality; ethics and criminal law; moral property of the criminal law; sinin and out of the criminal law of moral standards and practice requirements of moral ethicalstandards to sin in and out of the criminal law. Among them, parts III, IV and IIV is the mainpart of this article.The preamble gives us a general introduction of this article’s backgrounds.The first part is the base of this paper, which introduce the concepts and classifications ofmorality. Combined Scholars from domestic and international we can outline the essence ofmoral properties, define the morality and analyze how to make moral judgment. Althoughthere is no unified definition about morality, according to the scholars’ view, we can see goodand evil is the core content to moral judgment. At the same time, different levels ofclassification and analysis to the morality have made foundation to name morality.The second part is about the morality and criminal law. Based on the contradictionsports relationship between the moral and criminal law, we demonstrate the cooperation anddivision of morality and law and put forward that the morality and law can not only be usedrespectively but in combination..At the same time, from the aspects of morality to thetheories and development of criminal law, we can get the conclusion that morality produce important influence on criminal law. So I think that, among these significant effects, moralityis the most valuable to sin in and out of the criminal law.The third part is the moral property of the criminal law. The book "the morality of thelaw" by Fuller divides the morality of the law into external morality and inherent morality.And the author divided the inner morality into two parts: inherent morality in criminal isjustice (including the meaning of fair, equitable and utilitarian); morality in criminal law isausterity and analyzes justice and the connotation of the austerity of criminal law. Externalmorality of the criminal law is the acceptability of the community and tolerance. Enduranceand tolerance of the society must be considered in the process of consideration of a behaviorthe penalties imposed should be whether it has access to the crime and incriminating factors,socially acceptable and recognized the higher the degree of the standardized effect, thestronger the specification.The fourth part is that moral standards of sin in and out of the criminal law are the coreof the whole paper. In this part, the author discusses three points: the foundation of sin in andout of the criminal law; moral judgment of criminal law and criminal law be the highestpursuit of the moral or the minimum to maintenance. Meanwhile, the author put forward thespecific ethical standards of sin in and out of the criminal law, that is, when the crime ofcriminal law in the inherent requirements of morality increase to the criminal law, it must begenerally accepted by the public. General code of ethics must have universality and necessity;sin in and out of time--at the request of the criminal law with the moral attributes to considerwhen certain behaviors into crimes, and the crime, should consider whether the behavior youcan rely on the means to effectively curb the criminal law--that is, whether a possibility,while the criminal law as a "necessary evil" in a convict to be grasped after adjustment of thecriminal law of humanity.The fifth part of the text moral crime of criminal law practice requirements areintroduced in the first part of the Penal Code on the basis of access to the crime that thecriminal legislation and criminal justice requirements. With legislative tasks, when the authorpointed out that legislators in the legislative act of sin or not should not only consider the moral universality and necessity, should also be considered into whether crimes havefeasibility. At the same time, requirements in the specific application of law in criminaljustice process, shall be strictly subject to the law; When in conflict with the law, shouldweigh all the relevant principles of law applicable is not mechanical, but should be based on"three theories" as a measure of responsibility in specific cases or not within guidelines.The conclusion is the summary of this paper.