Study On The Interaction Between Criminal Law And Criminal Procedure Law

There is a very close link between criminal law and criminal procedure law that reflects the complicated interaction between them at institutional level. Namely, criminal law system makes an impact on criminal procedure law system, which also produces a significant effect on criminal law system. The interaction between criminal procedure law and criminal law has a vital importance on building the reasonable criminal law system and accomplishing the best institutional implementing results. This paper, which focuses on the interaction between criminal law and criminal procedure law, will elaborate the interaction between criminal law and the core institution of criminal procedure law, on the basis of analysis of the interaction principle between these two. And then explore the interaction between the basic theoretical areas of the science of criminal law, including the theory of criminal law, criminal interpretation, the function of criminal law, etc., and the principles of criminal procedure system including the proof of criminal procedure, the structure of criminal procedure, the objective of criminal procedure and so on.There are three levels of the main contents of this paper, which consists of seven chapetrs. The first level is the analysis of the basic principles of the interaction between criminal law and criminal procedure law, which is the theoretical basis and main line of this paper. The second level is elaboration of the interaction between criminal law and criminal procedure law, based on the significant criminal law system. The third level is the analysis of the interaction between the basic theories of criminal law and criminal procedure law. That means, the logical structure of the paper is from theoretical analysis to specific analysis and then returning to the theoretical analysis. ChapterⅠ: the interaction principles between criminal law and criminal procedure law. The interaction between these two are very complicated because both of them are mutual independent and integrated law systems. As a result, it is necessary to analyze and elaborate rationally, in order to provide the theoretical basis at specific institutional level. The principles include the cause, the structure, the limitation and the result of interaction. Firstly, from philosophical and jurisprudential perspectives, this paper analyzes the causes of interaction between criminal law and criminal procedure law, in order to provide the basis for the existence of the interaction phenomenon between them. Secondly, it analyzes and verifies the contents of the interaction, putting forth the interaction system, including the functional interaction such as supplement, guarantee and justification, and the constructive interaction including guidance, restriction and molding. Thirdly, from the perspectives of philosophy and jurisprudence, it elaborates the limitation of the interaction, that is, the independence of criminal law and criminal procedure law couldn’t be denied because of the interaction. At last, it describes the results of the interaction from its types and different dimensions of time, and then indicated the possible results of the interaction.ChapterⅡ: criminal procedure and the system of constitution of crime. The system of constitution of crime is a combination of different conditions of constitution of crime. It not only produce an influence on the determining the nature of criminal behaviors, but also have a positive impact on the way of identifying criminal behaviors in criminal procedure. Therefore, the constitution of crime plays a guiding role in the practical operation of criminal procedure. In the meanwhile, criminal procedure also has an effect on the constitution of crime in that different characteristics of criminal procedure produce different kinds of the constitution of crime. In fact, the reconstruction of the system of constitution of crime in China is the process of coordinated development between criminal law and criminal procedure law. Consequently, it should be reconstructed on the basis of the characteristics of criminal procedure, in addition, the system of criminal procedure should be improved at the request of new system of constitute of crime. ChapterⅢ: criminal procedure and the mitigation of the penalty. The development trend of criminal law in the world, including non-criminal, non-penalization and light punishment, will produce a great influence on Chinese Criminal Law system. As an issue of substantive law, the mitigation of the penalty will affect criminal procedure law area, because it is not only related to legislation but also to jurisdiction. Frist of all, the trend of mitigation of penalty will play a molding role on the development of the criminal procedure, making it absorb more features of the civil procedure law, so that it will develop in a more multiple direction. Secondly, the criminal procedure will be a restriction to the mitigation of penalty. The implementation of the mitigation of penalty in the criminal judicial practice is being restricted because there is no mechanism of mitigating criminal cases in criminal procedure law. For that reason, criminal law and criminal procedure law should develop coordinately at the request of the trend of the mitigation of the penalty.ChapterⅣ: the penalty elimination system and criminal procedure. According to criminal law, the reasons of elimination of penalty are limitation of prosecution and amnesty. The state power in criminal procedure is a part of state penalty power so the penalty elimination system certainly refers to criminal procedure. The limitation of prosecution will guide the exercise of state power in criminal procedure, and reasonable amnesty system will have a justified effect on criminal procedure. On the contrary, the criminal procedure is playing a supplementary and restrictive role on the penalty elimination system. Under the circumstances of so many defects in limitation of prosecution and amnesty, they should be improved, in order that the penalty elimination system will play a positive role on the criminal procedure.ChapterⅤ: the theories of criminal law and proof of criminal procedure. Both of them are the core subject in their fields, and there are inherent revelances between them. That is, on one hand, proof of criminal procedure determines the practical significance of the theories of criminal law, on the other hand, the features of the theories of criminal law can determine the content of proof of criminal procedure. So theoretical commitments of theories of criminal law should be chosen according to the restrictive role of the proof in criminal procedure on the theories of criminal law, in addition, the contents of proof of criminal procedure should be adjusted and completed with the development of the theories of criminal law.ChapterⅥ: criminal interpretation and the structure of criminal procedure. They are two musts in using criminal law to process criminal cases and there is an interaction between them. A justifiable structure of criminal procedure will have a positive effect on criminal interpretation, and different ways of criminal interpretation will produce a guiding role on the structure of criminal procedure. At present stage, China can only choose the strict interpretation way because of the insufficience of functional legitimacy in our criminal procedure. A more flexible way of criminal interpretation will be necessary in order to meet the requirements of using criminal law to process criminal cases, in the meanwhile, the structure of criminal procedure should also be completed to provide the legitimacy for the development of criminal interpretation.ChapterⅦ: the functions of criminal law and the purpose of criminal procedure. There are an interaction between them because interrelated criminal legal systems has been formed on the basis of resolution of criminal crimes by them. In virtue of its dynamic characteristics, the purpose of criminal procedure is a guarantee for the achievements of the functions of criminal law, and then, different positions of the functions of criminal law also impact the purpose of criminal procedure. Therefore, the coordination between them should be achieved based on the equilibrium of their contents, and finally the realization of criminal rule by law should be promoted.