A Study On The Justification Of The Criminal Law

The justification of criminal law is always focused on by law science field. justification is the final value aim that criminal law pursuits. Drifting away from this aim, not only can many concepts of criminal law be explained correctly, but lose their destination of theoretical development.In fact, the justification of criminal law is that justification embodies in its stationary and dynamic activities. justification appears in the form of essence and formula in stationary constitution, and activities in legislation and jurisdiction. As actions and procedures are concerned, the justification of criminal law embodies its dynamic activities. As results and bodies are concerned, it embodies the rationality of forbidding regulations in its stationary constitution.The connotation of justification of criminal law is unchangeable, but the criminal law has different ideas in different historical periods. The justification of criminal law is relative because economy, politics and social relations influence it. Legislators and jurisprudents'viewpoint of value has a great influence on their recognizing, formulating, explaining and allocating criminal law. Though there are various concrete reasons, such as imperfection of legislation and error in judging the crime, it is a matter of legislators and jurisprudents'viewpoint of value.The article, on the basis of traditional study, by studying its thought origin, analyses the justification of criminal law in terms of law theory, tries to discover its stationary appearance in essence and formula, and its dynamic appearance in legislation and jurisdiction so as to contribute to the theory and practice of Chinese criminal law.Besides preface and conclusion ,in the paper are five parts as follows:Part I, the origin of the justification of the criminal law ,mainly treats the ideas of justification of different people in different periods .the justification is historical and...