On The Declaring Guilty

The theory of declaring guilty, It is an extremely important problem in crime theory. Its importance is: (1) declaring guilty operate with following crime concept and constitutive elements of crime. What crime concept has been solved to commit crime, How constitutive elements of crime solved the crime to establish, But the one that must be declared guilty is asserted and just take legal effect; Otherwise, there is not any meaning. And, some questions, As quantity of crime, overlap of article of law, demarcation line of crime and not crime ,crime and guilty. To study all that ones through the theory of declaring guilty is rational and science. So it has a important position after crime concept and constitutive elements of crime. (2) Declaring guilty has extremely important concept that the practice activity of the judicial authority uses extensively.Studying and declaring guilty has very important value. A basic task declared guilty distinguishes demarcating line of the crime and not crime, crime and guilty, Assert the crime accurately, this is a basic question in theory of criminal law. Have a great theory meaning naturally. And the realistic value declared guilty lies in .Confirm that the crime helps to establish the authority of the socialist legal system, Can realize criminal law and punish as well as the educational function, And ensuring the function effectively, And prevent the crime.From looking in the progress of studied declaring guilty both at home and abroad, For a long time, The important content that the western criminal law theory has never regarded the question ofdeclaring guilty as the theoretical system of criminal law is studied specially. In the thirties of the 20th century, The favor that the question received by the former Soviet Union's criminal law theory ; By the sixties, become a focus studied; By the seventies, raised the climax studied. Our country starts later on ones that study declaring guilty, The beginning brought law's circles of punishment attention in 1986, there was monograph publication in 1990. In recent years, a lot of criminal law teaching materials, treatises put the theory of declaring guilty on the theoretical system of criminal law, Studying and developing deeply progressively.It is a wide and deep problem to declaring guilty, It is impossible for the subject under discussion to construct the intact system of theory of declaring the guilty, Do it in order to study on the question of some basic problems and important and urgent ones while declaring guilty alone, In the hope of casting a brick to attract jade, Caused people's extensive attention to theory of declaring guilty.