Value Construction of Criminal Law - Chinese Contemporary Legal Scholars' Library (Second Edition)

Author: Chen Xingliang
Publisher:
Publish Date: 2006-10-01
Features: This book is the third work in the author's research on criminal philosophy, following Criminal Philosophy (China University of Political Science and Law Press, 1992) and The Humanistic Basis of Criminal Law (China Press, 1996). With value as the theoretical perspective, the book examines the fundamental concepts of the classical school of criminal law and the positivist school of criminal law, revealing the confrontation and conflict between the two schools in terms of the two functions of criminal law—human rights protection and social protection. From the perspective of social ontology, based on the unity of the individual and the whole, the book proposes the principle of dual functions of criminal law. Building on this, the book explores the three major value goals of criminal law: the justice of criminal law, the restraint of criminal law, and the humanity of criminal law. In the discussion of the justice of criminal law, the author reveals the value connotations of justice, which are legitimacy, fairness, and equality, and explores justice from the perspectives of criminal legislation and criminal adjudication. In the discussion of the restraint of criminal law, the author reveals the value connotations of restraint, which are compactness, complementarity, and economy, and explores restraint from the perspectives of crime and punishment. In the discussion of the humanity of criminal law, the author reveals the value connotations of humanity, which are leniency, tolerance, and morality, and explores humanity from the perspectives of offenders and types of punishment. Finally, the author also conducts a value analysis of the two major principles of criminal law—presumption of innocence and proportionality of punishment. Taking value as the starting point, the book provides a philosophical comprehensive analysis of criminal law, representing a work of theoretical breadth and academic depth in the author's research on criminal philosophy.