试论刑事法治对人权的保护

On the human rights guarantee by the rule by law criminally

人权需要法治的确认和保护,以免受到社会其他公民和国家公共权力两个方面的侵犯。根据依法治国的要求,我们应当树立正确的刑事法治观,既要重视刑法在惩罚犯罪、维护社会治安方面的作用,也要重视刑法在保障人权方面的作用。罪刑法定原则是依法治国在刑事法领域的具体要求,它在国家刑罚权与公民的自由之间划出了一条明确的界限,从而保证刑法既能有效地打击侵犯人权的犯罪,又能防止滥用刑罚权侵犯人权。为了更加有效地保护人权,应当慎重适用死刑和注意“严打”中的人权保障。

Human rights needs recognizing and protecting by law in order to prevent invasions from other citizen of the social and public power of the state. The article claims that,according to rule of law,we should erect the right conception of criminal law and we should pay attention to both punishment of crime against society and guarantee of human rights by criminal law. The principle of a legally prescribed punishment for a specified crime is the concrete request of rule of law in the realm of criminal law. The principle lay off definite limit between the power of penalty of the state and the freedom of citizen, which can ensure the criminal law to punish crime against human rights efficiently and can ensure to prevent abusing the power of penalty to invade human rights. In order to protect human rights better, we should apply death penalty prudently and pay attention to the human rights guarantee during the period of 'severe punishment.