Research On The Criminal Appropriate Intervention

Criminal sanction is one of the most severe measures among all the regulation means in society. Just as the well-known German criminal law scholar Jeering once said:" Penalty is just as a two-edged sword, if not used properly, both country and individual suffer." However, when facing many hard cases in our real life, we often hesitate between guilty or not guilty. We had considered the principle of legality might be the most effective tool in the definition of criminal intervention in the judiciary, but we find out that social life events are much more complicated than the provisions expressed in the criminal law, which is very confusing. The lofty idea that "No crime without law making it so; no penalty without law making it so" is not easy to be carried out in judicial practice.Therefore, we need to do depth and meticulous research on the criminal appropriate intervention, which is the urgent demand in the judicial practice, the basic concept of human rights protection in the state of law, and the meaning of the grand goal of building a socialist harmonious society.From the macroscopic angle, criminal appropriate intervention involves the entire criminal operations including criminal legislation, criminal justice and penal execution. This paper launches research just from the perspective of the definition of guilty or not guilty in criminal practice, on the basis of existing criminal law, and under the guidance of the principle of legality. The function of the criminal intervention is based on the criminal intervention operation mechanism, and the sound criminal intervention operation mechanism is the key to ensure the realization of criminal appropriate intervention, so the only way to solve the problem of criminal appropriate intervention is to make scientific and comprehensive analysis of criminal intervention operation mechanism. In judicial practice, the whole operation of the criminal law unfolds around the crime constitution, but many factors hidden behide the crime constitution affect the operation of criminal law. The paper's basic idea is to construct a sound criminal intervention operation mechanism to realize the criminal appropriate intervention by anglicizing the crime constitution and other factors affecting the criminal intervention.The first part of the paper starts from the criminal law itself, and establishes the values of criminal appropriate intervention and also provides the theoretical standard for it by anglicizing the criminal characteristics and criminal status; The second part of the paper starts from the basic tools in the operation of criminal law, and assesses and then improves China's crime essence theory and crime constitution theory, which provides the system guarantee for the criminal appropriate intervention; The third part of the paper takes the consideration of the objective circumstances in the operation of the criminal law, and analysis national criminal policy and social values-the two factors affecting the criminal intervention, which provides the practice guidance of criminal appropriate intervention; The fourth part of the paper proposes the overall approach of criminal appropriate intervention by summarizing the first three parts research achievements and applies the approach to specific cases.On the whole, to achieve the criminal appropriate intervention,we must do scientific research on all the factors affecting the criminal intervention and reflect the reasonable considerations of the whole factors through secure, effective and open crime constitution tools. It's dangerous to apply the criminal law separated from the crime constitution, and it's also one-sided just with the crime constitution and without the spirit of the criminal law, thus it's perfect to combine the both in the application of the criminal law. Therefore, when facing specific cases, only under the macroscopic guidance of many value theories of the criminal law, by insisting on the principle of legality, relying on the overall framework and due function of the crime constitution, doing comprehensive analysis and proper value judgements can we achieve the legal, reasonable and the whole purpose target of criminal appropriate intervention.