The Clarity Of The Criminal Law

Clarity is comprehensive theory. Although the academic circles attaches great importance to the clarity of the criminal law, it is till undone in the criminal legislation and judicial practice in China, particularly focusing on the concrete account on a specific point and lacking the systematic account on the defect and perfection of the principle when regarding its completeness. Under such circumstance, the thesis is chosen to draw attention to achieve its purpose.The thesis includes three parts, about 30,000 words.In the chapter I, to question the clarity of the criminal law from the reasonable perspective. The part systematically elaborates on the evolution of the principle from the sparkle thoughts of the early thinkers and its primary discourse to the judicial practice and criminal legislation in world countries. Initially, the principle is not proposed directly. It appears after it' s hard to explicate rule of law according to its literal meaning, such as how people predict their behaviors when the given law is obscure. In the early 20th century, "the obscure and invalid theory" proposed by the American scholars on criminal jurisprudence makes the clarity appear as an independent principle and gradually recognized by most countries until nowAfter comparing the various meaning of the principle at home and abroad, the writer considers the principle should expand to the judicial field. The general meaning can be presented as follow: the regulation regarding what action amounts to the crime and how to sentence should be explicable and leading. In other words, the justice is explicable about the sentence discretion. To elaborate the connotation of the clarity, it' s necessary to observe the difference between the clarity and the certainty. The latter is contained in the clarity and it is a lower level in legislation and...