A Study On The Analogy In Criminal Justice

Analogy to explain the criminal justice in the criminal law that is difficult to explain the major issues, to study the issue for the enrichment of our criminal law theory, the correct guidance of judicial practice and the improvement of legislation of great significance. In this paper, the process of analogy to explain that the problems start on the analogy to explain the basic issues discussed, the existence of a critical analysis of various perspectives and, in conjunction with the relevant legal provisions and the actual case to put forward my views.In addition to the introduction and conclusion of this article, the divided into three chapters. In this paper, the first chapter of the theoretical background to explain by analogy with the basic principles. Legality principle, which allows a reasonable expansion of the scope of interpretation, the prohibition on the defendant's analogy to explain the negative. Explained with the analogy to explain the expansion of the basis of essentially the same, the same as "the similarities between things." Both to define the limits of formal criminal law may have the meaning of the term, in essence, the forecast for the possibility of nationals. Is in fact the basis of various factors to consider to make substantive judgments. Chapter on the defendant's analogy to explain the negative to explore, discuss, analyze and explain the purpose of analogy to explain the relationship between the provisions of our criminal legislation related to the evolution and so on. Which is also not true as not guilty as an example, an analysis of the similarities and differences between Chinese and foreign criminal law theory. Analogy to explain the purpose of explanation only in the framework of logic can be called is the correct inference. In the relationship between the two issues, explained that take the position adjustment is appropriate. However, the expansion of the interpretation of the conclusions of the system must not run counter to the principle of interpretation. Chapter III on the defendant's analogy to explain beneficial discussions and to explore the issue of preparing the suspension of the theory of the crime debate. Legality principle, which allows the defendant's analogy to explain benefit, but whether the analogy to explain that when it should be noted that the most important characteristic is the similarity is not always conducive to the pursuit of the outcome of the defendant.