Liberal ideas of modern criminal law was based . Accomplished liberal ideological background of the modern criminal law from the intervention of the state to ensure that civil liberties ideals caution that the court system has been implemented. Court ...
Liberal ideas of modern criminal law was based . Accomplished liberal ideological background of the modern criminal law from the intervention of the state to ensure that civil liberties ideals caution that the court system has been implemented. Court cautioned be ruled out as interference in the country, the freedom of individuals, on the premise that periodical changes coming to the Middle Ages through the modern liberal philosophy as a background to the basic principles of the Penal Code was constructed .
The end of the 19th century and 20th century, the modern criminal law through the cracks and slowly began to emerge , the natural niche of the crack of the country was occupied by nation power. Expand the boundaries of national power criminal law scholars , and concerned about the value of liberal criminal law damaged , but did not provide an alternative more. In this process, the development of new scientific and technological civilization rapidly transforming social life criminal law catch up with these new phenomena to catch up with the top bent . Imformation criminal law , Environmental criminal law , and the Risk criminal law, etc. In such a situation can be called a derivative .
Confirm the composition from the expansion of the nation power confrontation liberal criminal law theory based on modern criminal law process, the transition to a modern penal code that is not the appropriate way to react. Still the value of the liberal criminal law should be followed. Overly liberal pursuit of criminal law theory, however, only get state only the result of extreme confrontation with the expansion of the nation power. As a result, the criminal law theory, but have only one form of existence does not exhibit a functional role could be reduced. Criminal law theory through the configuration liberal on criminal law theory community perspective projection to solve these perceptions need to explore here.
The society in which we live for it made all members of the community and the common good-oriented and each member of the society, institutions and capabilities to organically is associated. Because more closely related to the confidence of the general economic system in the case of infringement, the community spirit that sustains our society should recognize that could be at risk, that can be rapidly dismantled. For example, the economic crime beyond simple damage and distrust brought economic order and individual economic system is that trust leads to a decrease in the general community on chain. And the reduction of these trust that endanger the existence of the community is the result. May not be the type of legal means universal, of course, but not to the peace and stability of our society, you need to carefully consider the issues to be considered for the protection of the criminal law ' communities of trust ' protection.
Communitarian perspective on existing theories of liberal criminal law is projected to get the results that extend the nation power intervention, is a fact . However, the perspective of the Penal Code, but the motivation to strengthen the nation power longer perspective of individual freedom, but as a community of individuals through the perspective of society, the new configuration and protect the legal interests of the existing crime of decriminalization is possible. Not entail the infringement of an individual's, but you can see clearly that economic crimes can base Penalty for communities.