The Value Position and Method Construction of Life-Oriented Criminal Law View
The life-oriented criminal law view is mainly guided by the protection and realization of human life interests.It has a distinct Marxist undertone and its main theoretical sources include Marxist philosophical principles,Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era,simple individual philosophy,and general theories of social sci-ences.It transcends the feudal criminal law view characterized by statism and the capitalist criminal law view characterized by individualism in history and has distinct characteristics of the socialist rule of law.Its basic stances include:life benefits are the substantive object protected by criminal law;the essence of crime is a serious infringement on the interests of national life;and the concept and composition of crime are the unity of opposites in the field of life.Its basic methods include:identifying substantive objects of criminal law protection through legal inter-ests identification and establishing a connection with rights or benefits protected by existing legal norms;using diverse legal interest measurement methods to determine the size of the life bene-fits of individuals harmed by criminal acts as one of the bases for conviction and sentencing;and determining the types of interests that criminal law should prioritize by evaluating legal interests that conform to the constitutional legal interest hierarchy,and establishing causes and mecha-nisms for decriminalization that are in line with people's life justice and emotions.The impor-tant value of criminal law lies in safeguarding and realizing the benefits of human life.Taking the historical,realistic,and developing benefits of human life as the basic function of criminal law can enhance the human nature and the people-oriented nature of criminal law,thereby en-hancing its political position and value.Life is both a historical phenomenon and an objective existence.Taking life as the field and value to analyze criminal phenomena and criminal law functions can break through the inherent constraints of statism and individualistic criminal law views,profoundly reveal the universal laws of operation of human society,and deepen the un-derstanding and cognition of crime occurrence theory,crime composition theory,and criminal law function theory.Life is the overall goal of the individual and the state,so it should also be the overall goal of the rule of law.Constructing a criminal law view based on life for the state,citizens,and social groups is conducive to reducing value conflicts and bridging differences be-tween the state and citizens on crime and punishment issues,achieving social unity,and promo-ting the unity of the order of the rule of law and the full realization of the value of the rule of law.
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