A Study On The Criminalization Of Judicature

Judicial decriminalization means that the criminal behavior is not treated as it used to be or not be punished by criminal law by the way of judicial interpretation or performing judicial process. The judicial decriminalization of specific petty crimes selective and well-founded, which do not disobey the principle of legality and is not the way that assists the criminal to get rid of crime punishments but in order to carry forward the spirit of legality and meet the needs of judicial process to fight the crime and protect legal interest.Under the background of limited judicial resources and an expansion tendency exists in domestic criminal law, more and more crime behaviors are decriminalized by judiciary without the permit of criminal law, which will obstruct the protection of civil right and construction of substantive rule of law. Therefore, the judicial decriminalization needs the support and guide of written law.Although there are different legal system and background between our country and western countries, in the present, it has great theoretical and practical significance to advocate judicial decriminalization in the present. In theoretical respect, the judicial decriminalization shares the common pursuit that is to guarantee the legal right of offender and protect the offended rights. The original intention of the judicial decriminalization is coordinate with the spirit essence of modestly, besides, it is meaningful for breaking the superstition of penalty and shaking the solid ideological foundation of the clause that all crimes must be investigated to take the measure of humanization and civilization instead of criminal punishment.The judicial decriminalization will save judicial resources, ease the burden of judiciary and concentrate on cracking down on serious crime. By the way, it also helps the offenders to get rid of the trouble that comes from criminal punishment and return to society smoothly. Compared to criminal punishments, it also can achieve the effect of special prevention and social prevention by the way of community education,unit dispose, administrative punishment, criminal reconciliation and so on.This dissertation is composed of six chapters. In chapter one, the practical background, primary significance and academic status of judicial decriminalization are presented. The chapter two, detailed explanation is launched to the foundation of judicial decriminalization in legislative, academic, practical and historical views. The main principles that the judiciary should stick to when decriminalize are expounded inchapter four. The ranges and ways of judicial decriminalization are proposed respectively in chapter five and six according to the characteristics of criminal legislation and justice.