On The Source Of Criminal Law

Source of the Criminal Law depends on the semantics of the selected sources of law, Clear and clearly defined the meaning of sources of law is the basis of need to research the source of the Criminal Law. Jurists from different angles, give a different interpretation of source of law, the main representation of views: theory of the source of the form of law, theory of the substance source of law, theory of the material source of law, theory of the effectiveness source of law and theory of the history source of law. Theory of the effectiveness source of law and theory of the source of the form of law are two major theory at present. Traditional Jurists treat theory of the effectiveness source of law same as the theory of the source of the form of law. This paper reveals that the conflict of traditional theory of the source of the form of law to make a legislation interpretation of the theory of the source of the form of law. As the sources of law to study the fundamental purpose of justice in its ultimate significance, so from this point of view to interprete the effectiveness of the source of law. This is an important guidance to judicial practice. So this paper based on the comparative study between Common law and Civil law and the reveals of the source of China's Criminal law to conduct a comprehensive exposition of the source of China's criminal law. The following key elements:First, analysis of sources of law and semantic. In different legal systems of different countries and regions, theory of the source of law have a different formulation. The traditional theory of the source of the law, especially the theory of source of Civil law said that the reason why a law effected because of its legal provisions. Only after national legislative bodies will be certain elements, such as ethics, customs, legal, policy and other elements of a certain standard will rise to the adoption of national laws and regulations, then the law have the effect. Therefore, the law will be interpreted as sources of law in the form of origin or source of the effectiveness of law is the main theory of source of law. However, legal sources on the ultimate meaning is to provide a judicial officers to follow the norms and order in order to provide an appropriate mode of thinking. Therefore, the law should be a source of the effectiveness of the main sources of law starting point. The legal sources interpreted as the effectiveness of law has practical significance.Second, interpretation of the Criminal Origins semantic and the study of the source of Civil criminal law and source of Common criminal law. Based on the effectiveness of sources of law interpretation to study the Criminal Law in the form of Origin, that criminal legislation and the interpretation of the Criminal activities is the form source of Criminal Law. Criminal justice practice requirements of the Criminal Origins done on the effect of the interpretation, and different countries in different social and historical period of the effectiveness of the Criminal Law have different needs, which also promote the constant development of the Penal Code. Then reveals the characteristic of source of Criminal law -sociality and histority.Third, Criminal Origins of the manifestations of discrimination. In China' s current judicial system, criminal trials need to have a certain flexibility to adapt to changing development needs of the community, therefore, those don' t have the direct effect of the administration of justice various factors such as: ethics, habits, school grounds, included in the source of criminal law is the inevitable requirement for judicial practice. Origin of the criminal law based on various factors in the administration of justice in the effectiveness of different sources of China's criminal law will be divided into formal and informal sources of origin. Some elements of China's criminal law to become a formal or informal sources of origin, their evaluation criteria in its judicial practice is bound to play a different effect based on. On this basis, the source of China' s criminal law of the elements of the analysis and study all elements of the source of criminal law features.Fourth, Origin of the characteristics of the source of criminal law. As a crime and penalty provisions of the special legal norms, the official source of the criminal law because of its unique attributes - and its derivative harsh mandatory attributes and distinguishes it from other departments law. Criminal law' s formal and informal sources of origin in different social and historical stage have different characteristics, certain elements of the source of criminal law is a social and historical choice for the results in different social and historical conditions under formal and informal sources of origin each other Conversion. Therefore, as a form of the superstructure, social and historical characteristics are important for the source of criminal law.