Study On Judicial Actualization Of The Principle Of Statutory Crime And Penalty

The basic principle of criminal law is statutory crime and penalty and is a distinctive feature between the criminal law of legal society and that of autocratic society. Article 3 of Criminal Law of the People's Republic of China specifies: "For acts that are explicitly defined as criminal acts in law, the offenders shall be convicted and punished in accordance with law; otherwise, they shall not be convicted or punished", which is called statutory crime and penalty principle by theory circle. However, the legislation of statutory crime and penalty is just a beginning. The principle of statutory crime and penalty should be put into practice and this is called jurisdiction of statutory crime and penalty in order to avoid its being just a law slogan or a poster. However, there are many cases in which this principle is violated. This violation is attributed to many causes. The first reason is the lack of the juristic ideas and notions, and the second reason is the excessive dependence on local administration. What's more, the other two reasons are the lake of safeguard of process system and the inadequacy of personal quality. Nowadays, in order to achieve the statutory crime and penalty principle, it is better to take the following comprehensible measures. Firstly, it is essential to strengthen modern jurisdiction notion, including the establishment of human rights guarantee. Secondly, it is important to push jurisdiction reform, which will make juristic organizations get rid of local administration, including the vertical management of personnel and property, thus improving and strengthening the party's leadership. Thirdly, it should be from the regulations safeguard the realization of statutory crime and penalty principle. This includes the strengthening the function of detecting and monitoring, thus enforcing the function of lawyers. Last but not least, it is important to enhance the quality of juristic officers, enforcing educational training, increasing their quality and purify the whole team.