The Normative Interpretation Of Norms About Not Guilty

The rate of sentence of not guilty is affected by unreasonable check-up system,and the abnormal low rate of sentence of not guilty is formed,then it is not good for constructing the nation of rule by law.The research of low rate of sentence of not guilty should not be limited to criminal process law,I think we also should research it from the view of criminal law.Viewing from the normative perspective,the norms about not guilty means that if the defendant's conduct satisfy certain norms of criminal law,the defendant should be sentenced to be not guilty.Through sorting out the provisions,the norms about not guilty is under the guidance of nulla poena sine lege and the notwithstanding clause,concluding innocent event,cause of preventive illegality and responsibility.As the guiding principles,both nulla poena sine lege and notwithstanding clause faces the application problems.The distinctive Chinese stylistic positive principle of nulla poena sine lege has been the impediment of not guilty,it should be cleared up.Recently,academia and practical circles start to oppose the notwithstanding clause as the basis of the sentence of not guilty.However,in the background of incriminatory,we should pay more attention to the importance of not guilty of notwithstanding clause.Under the guidance of nulla poena sine lege and the notwithstanding clause,we should make the norms of not guilty to be more specific and reasonable.In the constitutive requirements,innocent event is the core norm of not guilty.The judgment of innocent event should keep to the following order,firstly causality judgment,secondly subjective fault judgment.In the illegality judgment,justifiable defense and emergency hedge are the most important norms of not guilty.In the judgment of justifiable defense and emergency hedge should prevent judgment after the event,we need to consider what was happening seriously,avoid to make the applicable standard to be unreasonably severe.In the responsibility judgment,whether the defendant has the ability of taking criminal responsibility always become the dispute focus.We should judgment the criminal responsibility by the aid of criminal process law,we should give the defendant more equal right,regulate the forensic psychiatric expertise.The research of norms about not guilty is a practical subject,however,the research is a challenging job.How to make the research to be systemic and practical is very difficult.