The Proviso The Concept Of Crime In The Criminal Law

The proviso in the thirteen article of Chinese criminal law is one of the most important factors of the concept of crime, whose effect of condoning does good to the doctrine of restraining of criminal law and soften the conflict between humanity and law. However, its fuzziness leads to the conflict between itself and the doctrine of criminal law as well as power of legislation. Besides, it's not easy to grasp in reality. This article state the proviso on four points--its history and establishment, analysis, value and judicial applying as well as its improvement--by the means of applying theory to reality. The purpose is to expose the proviso's real meaning and suggest to improve it, unify understanding standard and protect the unity of law.Section 1 states the history and establishment of the proviso. I believe the proviso is effected by our traditional culture of law, especially the idea "The law does not govern the audiences" as well as humanity thought. The proviso profits from the criminal law of Soviet Union, keeping the same to our reality.Section 2 is about the proviso's analysis, which is the key of the paper——the real meaning of the "circumstance", the further intention of "if the circumstance are obviously minor and the harm done is not serious, the act shall not be considered crime" and the condition as well as essence of "shall not be considered a crime".Section3 is about the value of the proviso. Firstly expose its value, then its weakness and appraise its existence, believing its effect will be weaker with the development of law.Section4 is about the judicial applying of proviso. Firstly analyze its different using in different departments by the means of applying theory to reality as well as its applicable scope. Secondly, rise the suggestion that how to improve the proviso.