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On the Chinese Criminal modern ethical constraints

Author: YiXinYu
Tutor: YuYiSheng
School: Heilongjiang University
Course: Legal
Keywords: Ethics Moral Tradition Criminal law Modern criminal law
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 35
Quote: 0
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Abstract


Criminal law and ethical relation is the embodiment of law and moral relationship, ethical and moral retribution on the theories of punishment of crime theory confirm the ethical foundation of the criminal law. Is the ethics of the criminal law and criminal law in ancient China this kind of ethics in modern criminal law gradually replaced by the western ideology of criminal law and criminal law system, but the Chinese traditional ethics is still affecting the operation of China's criminal law. In contemporary Chinese society in the operation process of criminal law, criminal law and social ethics of the collision happened constantly, the collision is the modernization of criminal law as reflected in the ethical constraints. To solve the problem of modernization of the criminal law ethical constraints, we must make the criminal law on legislation to ensure the consistency and social ethics direction and adjustment range of distinctiveness; On the judicial notice of social ethical considerations, the pursuit of the criminal law to implement the best social effect, only in this way, can we finally realize the modernization of criminal law.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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