On The Application Of Criminal Justice System

China today is a special case, the Chinese criminal law scholars on the "criminal system" of the various debates turn debut. The core issue of criminal law has become a serious issue that a person who study criminal law must face. However, to a certain degree, researches on the criminal system have been misguided, which leads to some problems:for example, the judiciary on the system of criminal content and the presence of positioning vague understanding of the judiciary system of criminal elements within each step there is a deviation of the application, judicial proceedings were not able to because of the different stages of flexible application of criminal system, confused words formed under various criminal systems, and so on.Therefore, based on the actual situation in China and grasp the correct direction of research are not only related to Chinese criminal law theory but also more concerned with the success of the process of the construction of criminal law. This paper attempts to avoid remodeling, renovation or the completion of theoretical disputes, Fine and careless logic probe, and stands by a judicial point of view, combined with years of judicial practice work,"Judicial Application" perspective of this new proposition, pursue criminal integrated research ideas, the use of historical investigation, comparative analysis, empirical analysis and other research methods, combing occurred in recent years, something typical or difficult cases, the substantive law and procedural law, evidence and Sociology, legal norms and criminal policy and other organic convergence, to re-examine our criminal system. In order to reveal the theoretical tools should contain the specific content of these elements possess elaborate judicial functions, to clarify the vague understanding of the judiciary, the case indicated at something off China should apply the concept of the Chinese system of thinking. On this basis, and combined with the criminal system and the judicial proceedings and demonstration of various aspects of integrations, the practical value of criminal system can be fully explained. so that academic practice can be aroused on the side of the criminal system concerns, expanding criminal system research space, rich criminal system research.Thinking in this manner, the paper points at the following sections:(1) from the origin of criminal system, to show that the theory is from justice needs, on this basis, to reveal the unique essence of the theory-"applicate statutory ", in order to explain even our criminal system was transplanted in the former Soviet Union, but after nearly six decades learning and improvement, it has become a theoretical system with Chinese characteristics.(2) Based on "four elements", our criminal system should constraint by the Penal Code, and its specific content should be followed by the concept of crime, constitutes a crime, and crime-related special form, referred to as the "four elements "as the core of the crime on the system, combined with the judicial function of each piece of the system contains various elements of content and sequence analysis of the detailed interpretation and argumentation.(3) On the basis of investigation, prosecution and trial to demonstrate the specific role during the formation of a case, to clear different needs in each process-litigation, ultimately, to the fact that the basis of the referee, combined with the classic case, the interpretation of "Chinese system" in the judicial context in the specific application, Glimpse and insight of our system of judicial practice in our country strong vitality.(4) continuation of the argumentation, putting forward that in modern society, because of the development of the situation dictates system requirements of specific applications in particular, deal with "three relationships", requirements for impact and public opinion, criminal presumption academic interpretation of the three the relationship between the judiciary intent on causing similar concerns even vigilance.after full argument, the following conclusions come naturally:Chinese Criminal Code itself has included both a hierarchical connotation "three major sections" criminal system; today in China's conditions and judicial situation, the general theory of criminal law never fade, to dominate the concept of crime as to constitute a crime as a spin-off, with the special form of crime-related crime on the system throughout the supplement, but in reality is often a lot of hair cases and occasional difficult cases provide the most basic thing sin path analysis, and effectively categories positioning subcategories positioning, micro-positioning legality diversion, identify crime cognitive function. The judiciary should follow these kinds of steps and patterns, use static text accurately real cases, so as to provide a reasonable "statement" in the process of investigation.