The Limitations And Reconstruction Of Our Constitution Of Crime

As the only law which is closely related to people's life, criminal law is naturally more eager for justice. As for theoretical study of criminal constitution, it occupies the core position of crime part, which takes up almost half of the field of the entire criminal law science, hence it plays a crucial role in the entire criminal law science research, which takes realizing criminal justice as one of her essential missions. Whereas the important sense of realizing the criminal justice to the criminal law, at the same time, the study of criminal constitution which is one of the core issue of the crime part, directly relates to the results of criminal law's application, it is possible to combine the above two factors together to study. At present, when study on the issues of criminal constitution, our domestic scholars all tended to embark on them from the angle of comparing the theory and practice referring to criminal constitutions between the western style and ours,then takes theirs as the model to exam the limitations of our present criminal constitution theory,and expect to remedy those limitations of our traditional criminal constitution theory and practice through referring overseas more reasonable experience in this field. In those researches, some scholars radically proposed to completely adopt the foreign system;but others carefully hold the point that it is better to rationally reform ours on the basis of the domestic foundation. Although it certainly is impossible that there is only one way to settle our present criminal constitution theory's limitations,on the contrary there exists many,on this article, the author chose the angle that nobody touched on before,and the sense of this choice lies in that after reconstruct the criminal constitution system, it can satisfies the target of realizing the value of criminal justice,then achieve the win-win results that the limitations of present criminal constitution system could be deleted,and the system was made more ideal;at the same time, the more ideal system could protect the realization of criminal law's justice value correspondingly.