On The Judgment Of Conformity Between Constructive Requirements Of Crimeand Facts Of Cases

Traditional application paradigm of criminal law in China is limited to aunidirectional legal reasoning deduction and pure concept analyzes, it cuts off therelationship between facts and rules. This kind of mechanical thinking leads to thedominant position of legal formalism in the criminal judicatory practice, and oftenproduces conclusions which are far from justice and essence of things. On the basis ofcriticizing legal formalism and the blind believe in deduction methods, this papercarries a thorough and detailed study on each area of judgment of conformity betweenconstructive requirements of crime and facts of cases from the angle of methodology.This paper first researches on the ideas which should be embodied in thejudgment of conformity between constructive requirements of crime and facts ofcases. The basic ideas in the application of criminal law are the transcendence of legalformality, the formation of facts of cases under the direction of constructiverequirements of crime, and type-thinking. In the field of constructive requirementsnorm analyze, this paper doesn't mention some cliché in the criminal lawhermeneutic, instead, it puts forward a reasonable interpretation criterion takingjustice, stability, purposefulness into full consideration, by which the complexcriminal law interpretation thought could be channeled, on the basis of discussing andanalyzing the general theory of constructive requirements of crime and elements ofconstructive requirements of crime. Furthermore, this paper reintegrates traditionalcriminal law interpretation methods, holds that teleological interpretation is not amethod of construction but a direction in the construction process, and semanticinterpretation, systematic interpretation and historical interpretation shall be guidedby teleological interpretation. It also analyzes objectively how the factors besides theconstructive requirements of crime influence the interpretation process ofconstructive requirements of crime. The fact of a case is the core in the judgment ofconformity between constructive requirements of crime and facts of cases, whoseimportance is as well as the constructive requirements of crime themselves. Theformation of the fact in a case will directly decide the effectivity of the application ofcriminal law. This paper holds that the fact in a case shall be formed under the normmeaning of constructive requirements of crime, the formation of the fact in a case andthe interpretation of constructive requirements of crime is a two-way street. Then, thispaper researches on principles and methods in the formation of the fact in a case,especially on social factors influencing the formation of the fact in a case. Toadvocate logical legal deduction in the judgment of conformity between constructiverequirements of crime and facts of cases will help in forming professional judicialthinking and in enhancing the objectivity and operability of criminal law application.In the end, this paper analyzes the operation modes and problems of deductive legalreasoning, inductive legal reasoning and analogy legal reasoning in the judgment ofconformity between constructive requirements of crime and facts of cases,emphasizes the dominant position of criminal law rules in all legal reasoning methods,and corrects mistakes in the operation of legal reasoning.The basic approach of this paper is to express the justice nature of criminal lawthrough norm analyses of constructive requirements of crime, and to approve thesociality, purposefulness and rationality of criminal law in the formation of facts ofcases and the pursue of the very correspondence between facts and rules. To sum up,the result of judgment of conformity between constructive requirements of crime andfacts of cases should conform to the basic values and purposes of criminal law.