"The new path of Chinese-style modernization" includes the modernization of the national governance system and governance capabilities,This is a concentrated expression of the modernization of national systems and execution capabilities,This is also the difference from the modernization path of Western countries,Demonstrates the expansion and deepening of the understanding of national modernity by the "new path of Chinese-style modernization"。The rule of bet365 voucher is an important path to the modernization of national governance,That is, insisting on promoting the modernization of the national governance system and governance capabilities on the track of the rule of bet365 voucher。Promoting the modernization of Chinese-style criminal rule of bet365 voucher is a key link in improving the modernization of the national governance system and governance capabilities。Specifically,Exploring the modernization path of Chinese-style criminal rule of bet365 voucher should take adhering to the principle of legality of crime and punishment as the core essence、Oriented towards the goal of protecting civil liberties and rights、To advocate a negative view of criminal bet365 voucher as the basic concept、Adhere to the position of substantive criminal bet365 voucher as a way of thinking、To achieve the realization of the model of co-governance of civilians and criminals。
Core essentials:Abide by the principle of legal punishment for crimes
Criminal bet365 voucher has two sides,It not only establishes the power of national punishment,Also restricts the state’s power to impose penalties,It is not only a source of punishability,And it’s also the limit of punishability。The rule of criminal bet365 voucher must not only effectively punish crimes,We must also avoid the abuse of the state’s penal power,The exercise of penal power should be limited to the minimum necessary limit of the bet365 voucher。Therefore,The establishment of a crime must be based on the clear provisions of the criminal bet365 voucher,The principle of statutory punishment has become the most important cornerstone of the criminal rule of bet365 voucher in modern times。Adherence to the principle of legality of crime and punishment is the core essence of the modernization of Chinese-style criminal rule of bet365 voucher,The fundamental spirit is to limit the state’s power to impose penalties。Statutory crime and punishment have the important function of carrying the belief in criminal bet365 voucher,In other words, the public’s belief in criminal bet365 voucher is deeply rooted in the formal and substantive aspects of the principle of statutory crime and punishment。The essential aspect of the principle of legality of crime and punishment establishes the clarity that criminal legislation should have by limiting legislative power、Prohibition of inappropriate punishment、Prohibition of uneven punishment and other three qualities,Require legislation to protect the goodness of criminal bet365 voucher,Opposing evil laws is also bet365 voucher,Laid the "good bet365 voucher" foundation of criminal bet365 voucher;The formal aspect of the principle of legality of crime and punishment establishes statutory legalism、Prohibition of ex post facto bet365 voucher、Analogous explanations prohibited、Four basic requirements including prohibition of absolute indefinite punishment,Proper application of criminal bet365 voucher is ensured by limiting judicial power,To reduce the arbitrariness of the judicial process and the uncertainty of judicial results,Directing “good laws” to “good governance”。In the process of realizing "good laws and good governance",Social fairness and justice and citizens’ freedoms and rights are effectively guaranteed,Public belief in criminal bet365 voucher is established、Consolidate and develop,Laying a solid foundation for the modernization of Chinese-style criminal bet365 voucher。
Goal orientation: protect civil liberties and rights
Putting the people first is the fundamental political stance of comprehensively governing the country according to bet365 voucher,This is also the logic of socialist rule of bet365 voucher,In the final analysis, the people’s nature of the rule of bet365 voucher must be based on the effective protection of civil liberties and rights,To better respect and protect human rights、Promote social fairness and justice。Criminal bet365 voucher is rooted in citizens’ demands to protect their freedom and rights,Exploring the modernization path of Chinese-style criminal rule of bet365 voucher must take protecting citizens’ freedoms and rights as the fundamental goal,Avoid the harm caused by the “evils of criminal bet365 voucher” to citizens’ personal freedoms and rights。To protect civil liberties and rights, we must respect the autonomy of citizens in exercising their rights、Freedom of choice,We must also protect citizens’ rights from inappropriate interference by the state or others,The former is manifested in the recognition of the right to self-determination of personal legal interests,The latter is expressed as the affirmation of negative freedom,The two are combined in the protection of personal rights。
Basic philosophy: Advocate a negative view of criminal bet365 voucher
In the context of risk society,Although criminal bet365 voucher is not the most effective means of social governance,But it is the most convenient、The most efficient method,Because compared with other complex social governance measures,Criminalize a certain behavior or modify and upgrade its statutory penalty,Definitely much easier,And it is easy for the people to quickly realize their value demands for security and stability from new crimes or increased penalties,Get emotional comfort。However,Criminal bet365 voucher actively intervenes in social life、Active participation in social governance breaks the balanced structure of state power and citizen rights,Making the country’s penal power viciously expanding and civil liberties rights severely shrinking。The prevailing proactive and preventive criminal bet365 voucher concept strengthens the state intervention in social governance,Over-reliance on the criminal bet365 voucher punishment model has led to the rapid expansion of the criminal circle、The scope of punishment continues to expand、The deterrent effect of punishment is gradually weakening、A series of problems such as the short-term effectiveness of the criminal governance mechanism。Exploring the modernization path of Chinese-style criminal bet365 voucher should adhere to the new concepts of "co-construction, co-governance and sharing" and "social governance community",Implement the logic of rules、Legal logic such as power control logic,Advocating a negative criminal bet365 voucher view that injects the principle of proportionality and the subsidiarity of legal interest protection in criminal bet365 voucher intervention: in the norms of pluralistic social governance,Pay attention to criminal bet365 voucher norms and extra-criminal norms、Proportional supply outside legal regulations,Maintain the "minimum ratio" of the penal system;Emphasis on the matching and balance between the purpose of legal interest protection and the means of legal interest,Maintain the “finality” of criminal bet365 voucher intervention。A negative view of criminal bet365 voucher can promote good laws and good governance in social governance,Improving the current situation of the omnipotence of criminal bet365 voucher squeezing other governance subjects and governance norms,While maintaining the punitive nature of criminal bet365 voucher, it helps to form a social governance pattern of pluralistic and co-governance,Thus improving the level of modernization of criminal bet365 voucher。
Thinking way:Adhere to the position of substantive criminal bet365 voucher
Whether to solve the fundamental problems in criminal bet365 voucher with formal thinking or substantive thinking is the core content of the rule of criminal bet365 voucher,How to understand criminal bet365 voucher norms、Then accurately identifying the crime is of decisive significance。Exploring the modernization path of Chinese-style criminal rule of bet365 voucher should take the rational and substantive view of criminal bet365 voucher as the basic stance,That is, based on formal rationality、Based on substantive rationality,Promote a substantive way of thinking,Concretely includes the two core propositions of substantive crime theory and substantive explanation theory。Emphasis on substantial crime theory,Judgment of compliance with constituent requirements,It is to determine whether there is an infringement of legal interests worthy of punishment in essence,The judgment of illegality and responsibility must also be based on the infringement or threat of legal interests.。From this,There are two conditions for the establishment of a crime,That is, the objective components related to illegality and the subjective components derived from the classification of liability。Substantial explanation theory is committed to explaining the constituent elements from the perspective of necessity and rationality of punishment,Aims to limit the application of unreasonable elements in criminal bet365 voucher through substantive interpretation,Exclude from the criminal circle behaviors that formally comply with the literal meaning of criminal bet365 voucher provisions but are not punishable in substance,Limit the scope of punishment in criminal bet365 voucher,Fully realize the appropriateness of punishment,Avoid the phenomenon of “innocent punishment”。In judicial practice, "formal criminalization" should be grasped,Substantial crime,Legal conviction,The principle of "justifiable crime",Explain the concept of justice behind the bet365 voucher through substantive explanations,Using substantive justice to correct the crime of improper entry and exit that exists with formal justice,Establish a crime detection mechanism where "guilty does not necessarily lead to punishment",Thus achieving the balance between the legal interest protection function and the human rights protection function of criminal bet365 voucher。
Path of realization: shaping the model of co-bet365 voucher of civilians and criminals
,The internal characteristic is the emphasis on the function of criminal bet365 voucher in maintaining social order,The external characteristic is that criminal bet365 voucher often bypasses prepositional laws and becomes the priority and normalized tool to deal with social anomie。Social governance relies too much on criminal means,Evolve social governance into criminal governance through a positive stance in criminal legislation and judicial application,Causing imbalance in social governance structure。The social governance model dominated by criminal governance is simple and efficient,But it damages the relationship between the state and its citizens,The increasing expansion of the scope of criminal punishment often causes or intensifies new social conflicts,Resulting in increased social governance costs、Increased difficulty。Such governance is neither worth the gain nor helpful,It is a typical example of "the more you treat, the more you treat",Social governance enters a vicious circle。The promulgation and implementation of the Civil Code provides an opportunity to rethink and examine the major issue of whether my country's social governance has achieved modernization,It also provides direction guidance for exploring the path to realize the modernization of Chinese-style criminal rule of bet365 voucher。The Civil Code is neither an empty political slogan nor an abstract declaration of rights,But specific norms and systems need to be implemented in every field of social life。To realize the modernization of Chinese-style criminal rule of bet365 voucher,It is necessary to appropriately weaken the role and weight of criminal governance,Give way to or return to civil governance areas that should not be governed by criminal bet365 voucher,Enable civil governance to play an important role in the era of civil code,Shaping orderly、Different responsibilities、People first, punishment later、Co-governance model of people advancing and punishment retreating,This is an important way to implement the Civil Code in social life and social governance,Thus realizing the modern transformation of social governance from reliance on criminal bet365 voucher to autonomy of private bet365 voucher。
Promoting the modernization of Chinese-style criminal bet365 voucher is the due meaning and inevitable choice of taking the "new path of Chinese-style modernization"。Chinese-style criminal legal modernization has both formal rationality and substantive rationality,The formal criminal rule of bet365 voucher pursues the stability of criminal bet365 voucher,Aiming to achieve peace and stability in criminal bet365 voucher;The substantive criminal rule of bet365 voucher pursues substantive justice,Intended to achieve social justice and public welfare。
(The author is the dean of the School of Criminal Justice, China University of Political Science and bet365 voucher、Professor)
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