In the Name of the Rule of Law: Comment on <i>Research on the Legality Principle from the Perspective of Rule of Law</i>

YU Hao; CHEN Zhao-xin

Volume 29 Issue 4

Jun. 2021

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Article Navigation > Journal of University of Science and Technology Beijing ( Social Sciences Edition) > 2013 > 29(4): 74-79

YU Hao, CHEN Zhao-xin. In the Name of the Rule of Law: Comment on Research on the Legality Principle from the Perspective of Rule of Law[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2013, 29(4): 74-79.

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YU Hao, CHEN Zhao-xin. In the Name of the Rule of Law: Comment on Research on the Legality Principle from the Perspective of Rule of Law[J]. Journal of University of Science and Technology Beijing ( Social Sciences Edition), 2013, 29(4): 74-79.

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In the Name of the Rule of Law: Comment on Research on the Legality Principle from the Perspective of Rule of Law

YU Hao^1,2,
CHEN Zhao-xin²

1. School of Law, Renmin University of China, Beijing 100872, China;
2. Center for Education and Study if Human Rights, Southwest University of Political Science and Law, Chongqing 401120, China

Received Date: 2012-12-25
Available Online: 2021-06-24

Abstract

Abstract

Based on the nation-state approach and double-track-historical narrative mode, China is constructing a picture of the Oriental ethnic nation-states which becomes increasingly clear.Meanwhile, the repressive state's power limits the acquisition of personal freedom.The question is that, for China, who is in the process of reconstruction modernization, a large and specific plan for the implementation of the modernization is quite necessary.Law, served as a tool in reform, becomes an essential part in the course of modernization.However, to some extent, the value in rule of law has been impaired.The legal principle of crime and punishment, which demonstrates the spirit of rule of law, is not given much attention in the past.To achieve the complete implement of the rule of law and the legal penalty, besides the strict interpretation of criminal rules, we should construct the authority of the constitutional order and sophisticated legal operation system.In this way, we can effectively improve the criminal law protection of legal interests and guarantee the understanding of individual free understanding.Only by this, individual freedom can be a core value of the criminal field in modern society.
- cnational state,
- rule of law,
- legal principle of crime and punishment,
- localization

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