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Public criminal law is the law of the civil society, criminal law known as the \79 of China's Criminal Law has a strong political penal connotation, 97 issued by the criminal law, started changing political criminal law criminal law to the public, however, due to various historical and practical reasons, in our country to build a genuine public criminal law, there is still a long way go, therefore, this article intends to explore the public the basis of criminal law, the Criminal Code of the public is divided into the basic foundation and method of extrajudicial, the former including the basis of the economic base and social structure, which includes cultural basis, the value of the base and the body of law based . Public criminal law, have to consider the special reality of China's traditional culture in a unique country, human relations factors, local factors, beliefs factors naturally will become the basis of public criminal law factor. Members of the criminal law is rooted in civil society, in the modern state under the rule of law, constitutional basis in order to protect the rights and interests of the public, to limit the power of the state as the starting point and destination ought to criminal law. Public criminal law has its own unique character. The public character of criminal law is constitutional, from a static sense, that is, the supremacy of the Constitution, mainly: the Constitution is the basis of the formation and development of the criminal law purposes; significance of constitutional criminal law; public criminal law character is modest and restrained abuse of public criminal law Humility and include the following meanings: First, the start of the State Power shall be investigated for criminal liability in accordance with the provisions of the criminal law did humble themselves, that is, self-discipline; public has a right to limit the rights of national penalty, inhibition of State Power, that discipline. Although the the different scholars discussed Modesty content is not the same, but to reflect the proper meaning of the public criminal law: the protection of the rights and freedoms of the people, the State Power is limited within a reasonable range; the Penal character of the public three rights, freedoms and rights are inherent rights of human rights should be the ultimate concern of the public criminal law; public character of criminal law is the effectiveness of the public the effectiveness of the criminal law, from a macro sense, the performance of the protection of human rights, restrictions power, so that the people get the full freedom of development, thereby promoting social development forward; concept from the sense, the effectiveness of performance of the public criminal law, the effectiveness of retribution and utilitarian; microscopic sense, the effectiveness of performance of the public criminal law the validity of the specification. The public on the basis of criminal law can be divided into extrajudicial basis and method within the base, the former including economic infrastructure, social infrastructure; including legal culture based on a value basis, the body of law basis. According to Marx's analysis and historical experience confirmed the emergence of commodity economy and gradually replace the feudal natural economy, civil society and the final separation from the medieval feudal political state, the precondition for the formation of the unity of opposites of the political state and civil society. Market economy gives people freedom and equality in the civil society, to establish a sense of human subjectivity, before the formation of public criminal law provides a strong economic base. Criminal law is rooted in the of certain material life of society and in this based on the value of its existence. Civil society from the final establishment of the concept of the rights of the final separation of the political state marks, marks the protection of the rights of the reality, and also means that the legalization of civil society and political national boundaries. Civil society is the social basis of modern criminal law, the true foundation and source of the criminal law is a civil society rather than national. It is based on the differentiation of civil society and political state, the public in the modern sense of the criminal law have created an opportunity. The emergence and development of the public criminal law, its deep ideological and cultural basis, it is a product of the European Enlightenment and humanistic thoughts, and deeply influenced by the natural law thinking; On this basis, a variety of different schools of thought criminal law collide with each other, and jointly promote the development of the theory of criminal law, and profound cultural foundation for the construction and development of the public criminal law. Western public criminal law of the road is actually equality, freedom, human rights, justice and enlightenment thought in the criminal law the establishment and development of the road. Respect for the public's respect on the field of civil society, the final security law, it is the people the basic spirit of the Criminal Law. The value basis of the criminal law of the people mentioned above equality, freedom, human rights, justice should contain. Into consideration, the value of modern criminal law should be based on justice (justice), security (order) and values ??of human rights. Public criminal law is primarily based on a constitutional basis, mainly for the sovereignty of the people and the supremacy of law, sovereignty is one of the basic elements of the modern rule of law in China thought that many countries naturally \the supremacy of law, means that the law is the values ??of the other social norms is the supreme criterion for judging people's behavior; denial of privileges or individual will be above the law in value, it is intrinsically rational and scientific ; followed by the foundations of criminal law, mainly in the function of criminal law and the principle of legality: the public criminal law function of three essential function that the ruling class tool function; protection function, including the national interests, social interests, personal interests protection; function is to protect, not only to protect the rights of the average person, but also to protect the rights of the offender; principle of legality is the soul of public criminal law, from the deep form of rational, from the surface is the principle of legal certainty. Of construction of the Criminal Law of the public, but also to add new factors: first, human relations factors to pay attention to human nature and humanity. It is our public lack of humanity in the criminal law, the 1979 Criminal Law of China is relatively loose, subjectivism darker colors, to give judges greater discretion, Criminal Law 97 steering objectivism penalty relative to look forward to the possibility of Concealment System heavier, In this case, to give citizens more protection, protection from the human point of view, it is necessary to introduce the theory of anticipated possibility the basis of the construction of China's public criminal law; Concealment System, based on the ethical aspects of human nature considerations, it is for people Francophile, is conducive to safeguarding the national long-term interests of the authority of the criminal law. In modern society under the rule of law, the humanitarian but criminal indispensable value implication, at the same time with the development of human civilization, humanity has increasingly become a modern criminal law value goal. Concentrated expression in the construction of the public in China Criminal Law, Criminal Law humanitarian humanitarian nature of the penalty, that is in the negative tion ', must also be a rational look at Light Punishment, preferably in the balance, integration utilitarianism and Retributionism of the basis established on the severity of the combination of the concept of penalty. Human relations factors have to consider a problem, that is, the relationship among law, emotion, reason, law and emotion, the rationale for the relationship, but in fact reflects the relationship between law and ethics, in the process of construction of public criminal law, ethics should give due consideration (Emotion and Reason) factors. \Among them, the relationship between the law and the situation is divided into Truth and extrajudicial Please construct the public in the process of criminal law, sentient beings should be done within the law, extrajudicial and ruthless. Followed by localization factors, the basis for the construction of public criminal law, we should strive to foster a real civil society, but they can not impetuosity, States shall take the step-by-step approach, the rights and powers showing a harmonious interaction momentum. Is necessary to take into account the deficiencies of the Confucian culture, the rule of law, but also should pay attention to the criminal law modernization and integration of localization. Finally, there is the belief factor. Criminal Law is the Magna Carta of the human rights of citizens, is the Magna Carta of the offender, the criminal law is more able to safeguard and develop the fundamental rights of citizens, reflect the wishes of the citizens, the citizens would be more faith in the criminal law, which is the foundation of the faith of the Criminal Law. Criminal Law faith must first be recognized by the public, otherwise it would not be a question of faith. Traditional and practical reasons, the plight of China's construction of public criminal law are as follows: a strong national standard of the immaturity of the civil society, the intrusion of state power, the criminal law. Construct our public criminal law to start from the following aspects: First, strive to foster civil society; effective constraints of state power; Third, to achieve the independence of the judiciary; Fourth, the effective combination of modern and localization of the Criminal Law.
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