The Application Of Analogy Thinking On The Principle Of Legally Prescribing Penalty

From it’s establishment and it’s developing to nowadays, the principle of crimes and punishments stipulated by law has greatly influence the countries of the world, and becoming a basic principle of criminal law which is prevailing accepted by world wide. This paper is based on comparative analysis of limitations. Introduces some cases on judicature practice and makes a father argument. From two aspects of theory and practice to prove that analogy thinking can complete and enrich the principle of legally prescribing penalty. It put a perfect measure forward to the deficiency of the principle on the legislation and judicature and makes it more effective in the judicature practice, eventually, promotes the principle of crimes and punishments stipulated by law judicialization. I will discuss this thesis with five chapters. Chapter1, exordium raise a question. Chapter 2, the principle of legally prescribing penalty and its limitations. The 3th chapter, analogy thinking can complete and enrich the principle of legally prescribing penalty. The 4th chapter, the application premise and the system of analogy. The finally chapter, The analogy by itself is a double edged sword, if use undeserved, easy to cause the judges who broke down and subjective legal, etc, so as to produce human rights violations against crime, and, if properly applied, based on rule of law and democracy, fairness and justice, to establish and perfect the system of criminal law, etc. Applying the analogy thinking on the principle of legally prescribing penalty will be the best complement and enrichment.