The Common Sense Of Criminal Justice

This article has four parts .In the first part, Xu Ting's case and is presented and analyzed, then the key of the dispute -the lack of common sense in criminal justice process is summed up. In the second part, the common sense and first principles of criminal justice - the principle of legality is introduced, and the relationship between them is analyzed. In the third part, I described the traditional Chinese legal culture and pointed that the common sense is worth learning. In the fourth section, from the aspect of the system construction, I suggested that we should consider the three aspects - the criminal policy, the judge explain and the referee instrument to reconstruct the relationship of the common sense and the modern criminal justice.The core idea of this article is that common sense must be the basic of criminal justice. The purpose and significance of this article is exploring how the judicial process can be more effective by emphasizing the important role of the common sense in criminal justice. The main research methods are case study, social analysis, historical analysis, text analysis and so on.The innovation of this paper is revealing the cultural connotations of Criminal law by use explanting the necessity of the common sense in criminal justice, re-interpreting the principle of legality, carding the relation which between law and culture, investigating the reasonable way which can bring about the accordance of legal effect and society effect through the culture angle.