Criminal Jurisprudence

Though our country science of law community should or should notadopt judicial precedent system for contemporary China without thehard conclusion, the value of the judicial precedent get widespreadapprobation. The judicial precedent has already become the importantmotive which helps the law to develop; our country should adaptpertaining to crime judicial up make of effective demand, build up anormative pertaining to crime judicial precedent system.Four chapters are embraced in this article and 38,000 words in totalare written.The first chapter is concerning the essential theories of criminalprecedent system. The writer carries on a fixed position to the pertainingto crime judicial precedent first: Include the concept localization, thenature localization and the potency localization. On this foundation, thewriter elaborated the output principle of the pertaining to crime judicialprecedent further: stare decisis, and carried on analysis to the value ofthe pertaining to crime judicial precedent.Second chapter is concerning the comments upon the present penalprecedent systems of two legal systems. For the elements have causedchanges to the precedent systems at various current new ages, getconclusion: the two greatest methods fasten to the attitude of judicialprecedent is tending gradually together. Secondly investigated thejudicial precedent in the Chinese traditional method, although judicialprecedent system of our country ancient times with common law systemcountry have essence differentiation, China who does not affect todayuses the case law strong points for reference.The third chapter, the pertaining to crime judicial precedent of theargument our country systemize of possibility. Currently our country ofthe pertaining to crime judicatory be still hermeneutic to exist not a fewproblems, of so appear these irregularities, the most important reason'slying in a case has never arrived stage exertive real function, put forward lead system into the pertaining to crime judicial precedent forthis writer, this for improvement our country law explanation system,raise the judicial movable quality has more advantage. At the same time,our country judicatory reform step gradually speed, in order to solve theshortage of written laws provision, appeared in the realms such aslawmaking and judicatory etc. A series of case law tendency, this willbecome law system of have the special features to only produceinfluence for China.The fourth chapter, the pertaining to crime judicial precedent is inforeground in applies of China. The writer thinks that we build up apertaining to crime judicial precedent the end claim of the system isformation with the pertaining to crime draw up a method for main laworigin. Pertaining to crime judicial precedent's applying to settle aprinciple with offense penal code isn't self-contradict either, pertainingto crime judicial precedent at real carry through implementation offensepenal code settle principle, carried out the ultimate end purpose of penalcode to allow of no to neglect in this process of function. This kind ofstandard be judicatory law conclusion not only be applicable to involveof particular case, and can also be a standard to make use of hereafterhandle of similar case.