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The Connotation of Criminal Law and the Human Nature’s Contradiction and Harmonious

Author: TanZhiHong
Tutor: LiRenFu
School: Jilin University
Course: Criminal law
Keywords: Criminal theory Humanity Conflict Harmony
CLC: D924
Type: Master's thesis
Year: 2006
Downloads: 236
Quote: 0
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Abstract


Person is the society’s main body , all of law, economy, cultural social class is the outcoms of person’s socialization , when they left the person ,they have no existence significance.This article make the preliminary discussion on the human nature relationship with the criminal law . The connotation of criminal law and the human nature all along with human society’s development is in unceasing rich, in creation, development and the perfect process, the two has experienced from the intense conflict to the process which gradually relaxes. At present, the direction of criminal law reform is looking for the development (?)oad which harmonious with the human nature in inheritting the foundation of Chinese history .The first part Criminal law idea production take to human nature ponder (?) premise.In the human nature exists contradictory, or the good and evil , or the rationality with the irrational contradiction, the contradictory factor also has the unificatio(?), the law plays to balance and adjustment with the human nature contradiction role.1. Person’s rational nature is the direct factor of the creation of criminal law The human nature is rational, this viewpoint is well-established in the west. In the rationality was taken a philosophy flag uses, "the law is a department of philosophy " , the law certainly is also set at under the rational sunlight, receives new examining. The rationality is what person possess singly, which is basic difference to any other life bodies. Without the rationality,it’s impossible for human to realize the need of law as a kind of social norm , also impossibly establishes independently or make use of law to restrains oneself, control self, stops the evil conduct. be exactly because the person has rationality, just may has self-knowledge2. Person’s irrational nature is the indirect factor of creation of the criminal

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