New Thinking on Criminal Law from the Perspective of Constitutionalism

Author: Liu Shude
Publisher:
Publish Date: 2005-06-01
Features: This book explores several issues in criminal law from a constitutional perspective, specifically including the introduction of constitutional review mechanisms in the criminal law field, the relationship between the operation of penal power and national functions, the reshaping of rule-of-law criminal law, the value judgment and filling norms of empty criminal law, the legislative deviation from the principle of, the reconstruction of the criminal law classification system, the changes in the objects of property crimes and protected legal interests triggered by the constitutional recognition of property rights, the impact of constitutional recognition of human rights on the allocation of the death penalty and the recovery of the death penalty review power, the mutual transformation between ideological freedom, constitutional freedom, and criminal law normative freedom, the criminal law expectations regarding the ethical value bottom line of the principle of "family members hiding crimes from each other," the issue of equal criminal protection triggered by the constitutionalization of non-public-owned economy, and so on. Through the reflection or re-reflection on these issues, the following belief is formed: The values and spirit embodied in the great symbols such as the rule of law state or constitutional state must be integrated into the design and construction of specific norms and systems such as criminal law, administrative law, and civil law, only then can they truly thrive in the real society.