On The Fiction Of Criminal Law

The fiction of criminal law refers to the legislator treat different facts as the same, and gives them the same legal consequence by criminal legislation, considering the reality and the value of law. The fiction of criminal law should include four features: the differences of the facts; the equipollence of violated legal interests; the legality of the codes; the specificity of the term. The legal fiction arising is not only for legislation deficiency, but for public policy.The fiction of criminal law is different from analogy, interpretation of criminal law, attention regulation, and transformed offences. It's helpful to save legislation resources, solve the problems in the field of criminal law at present, achieve some public policy, equal to penalty in criminal law, and inherit the cultural of law. In the mean time, if the fiction of criminal law isn't appropriate, it would deviate the function of the ensured human rights, sake off the general principles of criminal, suspend crime constitution theory, erode the necessity criminal punishment, damage the juridical order.Review the current situation, the fiction rules should be prepared to build, including the value of human rights protection and legislative independent. Typically, the values such as respecting for criminal theory principle, no threaten to innocent people by fiction rules, equally evil principle, being identified by the public, convenience for practice are necessary. For completing the fiction, it's essential to establish the special procedures, find the constitutive elements, and use the law thinking.