Clear Principles In The Criminal Law

The principal of criminal definiteness points to what kinds of behavior is crime, the specific constitutive requirement of crime and the classification of criminal penalties, the length of criminal penalties should be regulated idiographic and definiteness by criminal law, its essence is to reiterate the crime and penalty should be accuracy. In detail, the principal of criminal definiteness calls for the legislator should escape from regulating the constitutive requirement ambiguity, the boundary of the behavior to be crime obscurely, the range of legal punishment dubious of the criminal terms, that it just requires the definiteness of crime and the definiteness of penalty. The principal of criminal definiteness is as one of the derivation principals of the punishment for a specified crime, it has a great significance for the legislation and judicatory practice. The principal of criminal definiteness is one of the exuberance connotations in the category of theory, but it still be rather coarse in our country's criminal legislation and judicatory practice, it's be pressed for our. scholar studying to discourse upon the imperfect and redeeming this principal. I take this issue to intrigue the scholar's attention.This paper can be divided into three sections.Part one is about the revolution and the value of principle of definitive. In the beginning, it elaborates the revolution of the theories about principle of definitive in several countries, then analyzes the value of principle of definitive in the aspects of human rights protecting, rule of the law, fairness and justice.Part two discusses the contents and the fundamental requirements of principle of definitive. As one of the exuberance connotations in the category of theory, the main content of principle of definitive is about the definitive of the crimes and the punishments. The definitive of the crimes mainly refers to the definitive of accusation and constitution of crime. The problems correlated closely with the definitive of the crime are blank facts about a crime and elastic regulation of the criminal law. The definitive of the punishment mainly refers to that the legally-prescribed punishment and its scope should be definite relatively. The fundamental requirements of principle of definitive includes that the form and content of the criminal regulation should be definite, and that the standards of the legal field and the foresight possibility of citizen should also be paid attention to, which means that we should use the phrase properly between the legal and the common.Part three analyzes the insufficient points in the processing of implementing principle of definitive in crime and the punishment in our regulations, and points out the roads to principle of definitive in our country. The flaws in the definitive of crime are that the accusation, the standard of constitution of crime and the terms of regulation are all lacking of definitive. The flaws in the definitive of punishment are that the sentencing conditions, the regulation of the legally-prescribed punishment and the fine are also lacking of definitive. Starting from the legislation and judicature, this part finds the methods resolving the problem when implementing principle of definitive. That is, using relatively definite legislation phrases, adjusting the legislative guiding ideologies, perfecting the legislative technologies, strengthening the legislative explanations, caring out the judicative explanations properly, exercising the discretionary rights of judger and building up the system of criminal legal precedents.This dissertation is about thirty-one thousands of words.