about the the subjectivist principle of criminal law- cultural causes of reality embodied with specific hazards（关于刑法主观主义原则的u2014u2014现实与特定的危害体现的文化原因）.docVIP

About the the subjectivist principle of criminal law: cultural causes of reality embodied with specific hazards Abstract emphasis on Confucian legal tradition of the human heart, re-educate the light retribution and Ruling law concept, and an emphasis on national contempt personal obligations based legal rights concept, the root causes of the formation of China’s criminal law legal culture of subjectivism. Criminal law scholars today said subjectivism of criminal law, traditional criminal law cultural subjectivism fit. Subjectivism of criminal law embodied in the moment too dependent on subjective sin too concerned about the dangerousness of the person, and the special form of crime identified in the subjective tendencies. Rule of Criminal Law, the Criminal Law subjectivism has significant harm, which led to the conviction and sentencing of the crime of random access, makes the the criminal rules’ generated quite difficult, and dilute the the stereotypes meaning of objective behavior, and thus there have been some very bad influence injustice false wrong case (/). In order to reduce and eliminate the hazards of the Criminal Code of subjectivism, must be the integration of traditional Chinese criminal culture of subjectivism expelled from the area of #8203;#8203;criminal law replaced the Criminal Objectivism. Keywords:] the law culture; Criminal Law subjective principle; reality embodied Criminal Law subjective principle in our criminal legislation and criminal justice have a significant impact on the strong vitality and everywhere. Subjectivism subjectivity of any natural defects easily lead to trespassing human sin, only away from the criminal law subjectivism and build of the objectivist stance as the cornerstone of the criminal law, criminal law, human rights protection function be possible to achieve. Criminal law theory critique of subjectivism and objectivism advocates vision based on the norms of criminal law, but criminal law subjectivism and Chinese Tr