Legal Fictions In Criminal Law

The legal fiction, which we describe as"intend to treat the difference as the same", is common in criminal law. However, we can not criticize it because of its falsity content;the legal fiction could correspond with the fundamental principle of criminal law and be an effective means in the legislation of criminal law, and also an effective means to solve the criminal problem. When we talk about legal fictions in the criminal law, we do not just describe the fictional specific provisions of criminal law; in fact, the legal fictions in criminal law can make more sense if we understand the meaning of"legal fiction", which should certainly exist in the general provisions and even the legal thinking. In addition, after the discussion of the justice and necessity on the mode of fictive thinking existing in the criminal law, it would be necessary to prevent the theoretical and practical risk this thinking mode will possibly bring. Therefore, we should utilize the basic principle of the criminal law and the elements of legal fiction itself to limit the risk.