Open AccessDevelopment of the Chinese legal system: on the issue of combining law and morality
Author(s) -
Оюна Баировна Бальчиндоржиева,
Aleksandra N. Myakhanova,
Andrey P. Skiba
Publication year - 2020
Publication title -
penitenciarnaâ nauka
Language(s) - English
Resource type - Journals
eISSN - 2782-1986
pISSN - 2686-9764
DOI - 10.46741/2686-9764-2020-14-3-303-309
Subject(s) - law , morality , criminal law , legislation , law enforcement , political science , rule of law , public law , criminal justice , discretion , sociology , politics
The article examines the peculiarities of the formation in China the «supremance of law» as the management of society through strict observance of laws, which does not imply the subjective discretion of law enforcement officials. The development of Chinese legislation based on the legal theory of management methods, including in law enforcement, under the influence of moral rules adopted in society, which implies understanding and approval of the population when applying them, is studied separately. Currently, in China, there is a kind of harmonious combination of law and morality («rule of law» and «governance on the basis of morality»), and the legislation itself absorbs the moral rules adopted in society and develops under their influence. The approach that took place in the USSR, based on the wide involvement of the public in governing the state, administering justice, ensuring law and order, the execution of criminal penalties and other measures of influence against offenders, as a whole justified itself, including through the use of measures of social influence based on the rules morality. The Chinese experience testifies to the possibility in Russia comprehensively achieving the goals of applying criminal penalties in the form of restoring social justice, correcting convicts and preventing the commission of new crimes provided for in Art. 43 of the Criminal Code of the Russian Federation.