Research On Criminal Constitution System

There are distinct regulation systems——model of the crime constitution, which will help judge the crime and punishment in different law system. In the base of the reality (prototype), model of the crime constitution will prevent the crime and protect human right in advance. How to form the system and explain the Criminal Law is influenced by many factors, such as philosophy, tradition, political culture. It is actually is a question about the methodology. Nowadays, there is no difference that the Judiciary in many countries utilizes the system to judge the crime and punishment. However, compared with the essential difference (the judge of transcendent-regulation) in other law systems, Chinese Criminal Law always operates in the level of identical regulations, and it embodies different content of methodology in distinct system. During this paper, I utilize two characteristic study methods: the method of structural functionalism and realism. This essay open out as follows: Firstly, I analyze the huge background of this question, in other words, the principle of judging crime and punishment by law. It embodies the democracy politics in Criminal Law. Those problems how to utilize the Criminal Law and explain regulations come out, in order to deal with inherent limitation of the principle mentioned above. Secondly, I simply introduce the relative theory research about criminal constitution since the People Republic of China formed; especially analyze the popular theory called as rebuilding recently. Thirdly, influenced by the thought of integrative law and the idea of realism law in the West, I study Chinese criminal constitution system again, from the point of structural functionalism. Meanwhile, I hold the opinion that there is no inherent limitation in academic constitution about the popular theory in our country. What's more, the popular theory insists four-condition plane system.Finally, compared with the judgment of beyond-regulation in other law system, our Criminal Law shows different methodology. I try to summarize these differences to within-regulation and beyond-regulation, and I consider that it's very important when judging the academic system.