Establish The Concept Of China's System Of Criminal Jurisprudence

AbstractPreudication is a legal principle, which is estab1ished with a written judg-ment or a rule of court, and the legal principle can be a reference when similarcases are tried for the future. The prejudication is prescribed by poWerfuLl dep-artment, so prejudication is not simply equate with casus and written judg-ment. Penal prejudicatiOn is a kind of pre judicatiOn, but it can not be regardedas the origin of law in our country.In ancient China crdriinal and civil law are the whoe, judging according toinvOking legal case has 1ong history, prejudication is mainly criminal prejudica-tion. From the Shang dynasty to the Spring and Autumn Period until Kuorm-intang controlling, the prejudication had main status. During the NOrthen Gov-ernment controlling, the mass lawmaking could not be established because ofconvulsions, all level courts use a lot of prejudications that were comp1ied byphilosophy institute. So, criminal prejudication has driportant status in phylog-eny of Chinese law, bring twrtant effect into play in the practice of past dy-nastles.Preudication is the base of the whole anglo -- american law, fOlowing ex-ample being the core of case law is the character that is different from mainlandlaw. In Britain, the prejudications are instituted by Upper HOuse restrict sub-ordinate court strictly, and restrict itself in general, Churt of Cassation and Su-preme caurt must folow the principle of prejudications that are instituted bythemetves. Criminal court and POlice court can ony folow the prejudicatdrisare instituted by suPerfor court, its judging can not form prejudication. But,abeve -- mentioned principles have dissimilar exceptions. sanction of exarnplesrest with the cause of judging, that is the legal principle of judging. The caselaw defend the continuity and stability of the law, and change the law thoughapplying the skills of examples in order that the law can adapt to various sociallife. In Britain, crdriina1 law being laid doWn is to arrange, compile, reinfOrce. 1 &and consurnmate a certain crirninal case, that shOw by crdriinal law is carredout sole1y, on1y POsitive 1aw contrive new accusal, the fOrce Of poSitive is suPe-.rior to case law in princip1e. But, crirninal prejudication can not be replaced in1aw. Definthen to a certain crdrie is enunciated by pre judication, 'aPplying crim-inal POsitive law depend on excuse tO criminal prejudication, if mpitive lawdOesn' t declare or acquiesce to rejigger cornmn law, cotnmn law is still valid,attaching twrtance to practice ar1d experience affect justicer executing thelaw.In theory, preudication is not the original of mainland law, and fOlbeingexarnP1es is not accepted, justicers have nOt incUInbency legally. Court strong1yleads to following predudications in practice, especially the prejudications of su-perior court. The preudications of fina1 judgment court have great authorityand effect, the prejudications that have the same view to a series Of law havethe fOrce with the prejudications of anglo -- american law. The reasons as fOl-lowed: 1. justicers believe the authOrity of superior court., 2. carry out the1aw impartiality, 3. penalty is precise and precognition, 4. aPPellant syStem ex-isting, justicers dis1ike judgments being demolished. Organizing special institu-tion inspect judging that deviate from foregOing preudication so that crimina1preudicatdris are consistent, in Austria, Germany, Italy, France and Mexico,in fact, justicers are required to fOllDW the fOregOing prejudications.Estab1ishing the crdriinal prejudication system of china has important sig-nificance tO renfOrcing law and guiding to handle a case. Positive law accordwth Stability Of 1aw, but it lead to hysteresis, pre judication is the imPOrtantadjustor to resolve the contradiction, because it has flexible, specific, timelycharacteristic and strong Pertinence, these redound criminal law to adjuststrength and scOPe of social...