Obstacle And Breakthrough Of The Realization Of A Legally Prescribed Punishment For Specified Crime

The principal of scaling the verdict according to law is the product of the capitalist's struuggle against the law of arbitrate verdict under the feudal system. The stuggle is a profound revolution in the history of the world's legal system. While the principal of rule by law has become the most fundamental principal of the criminal law regulations of the majority of the countries in the world. Also,it has become an important criteria of testifying a democratic modern country. The principle of legally prescribed punishments for crimes, is refers to any behavior is the crime as well as imposes what kind of penalty to the criminality, must in advance the principle of legality which stipulated by the legal definite orders.As the fundamental principle of modernization of criminal law,the aim of Principle of Legality is to restrict the state's power and guarantee the human rights.In China,the principal of explicitly proposed in the New Criminal Law revised during the fifth planetary of the eighth National People's Conference. It is prescribed in the 1997 Criminal Law.The New Criminal law vividly documents the principal,thus legalizes the solution of verdict according to law which used to be very hard to realize.It shows that China has made great breakthroughs during its pursuance of verdict by law and it is also a landmark on our road of rule by law.However, the principle of legally prescribed punishments for crimes in the criminal law established in the country legally means has achieved? Actually otherwise, the principle of legally prescribed punishments for crimes, the establishment in legislation, merely legislation is legally achieved the basic premise, the key lies in the realization of legality in judicial practice, how to implement this principle. In this article, the author take the criminal government by law as an angle of view to discuss,how to carry out this principle in our socialist legal system construction of real implementation. Legally achieved in China's criminal law idea obstacle mainly lies in the lack of criminal law, criminal justice system is not perfect, the existing problems and criminal judicial environment problems. This article will roundly discuss relevant theory of a lagally prescribed punishment for a specified crime,analyse and review the current prescriptions in China,then bring suggestions for legislation and justice accordingly.