On The Criminal Law Typed

The applicable of the principle of crime and punishment under the criminal law, largely depending onthe correct interpretation of the law and on its basis of logical reasoning. Therefore, only to master the skillof jurisprudence methodology can adapt to the actual needs of the crime and punishment of criminallaw.To meet this demand, we should strengthen the research of the methodology of criminal law. Thetraditional method of criminal law theory regard the explanation as the core, logical reasoning as the key,while ignoring the types of thinking. As the development of the philosophical jurisprudence in the lawdepartment, the philosophy of departmental law universal significance is highlighted gradually, how tofrom theory to practice, then from the practice to theory, thus further development theory to improve thepractice of legal philosophy, becoming an increasingly important development goal. Legal philosophy isthe methodologies of jurisprudence, using the typology to study criminal law is helpful to the furtherperfection of the criminal law system and guide the judicial practice. The type of method is looking throughthe distinction between events or activities in a relational model to interpret them, and the relationshipmodel is the description of all events or activities. Thus, as a philosophical category, the typology is “thefixed combination of finding the attributes of the social object (or phenomenon) in the whole variablessystem that belonging to a social object (or phenomenon). In essence, the type is the class division of theresearching object in the standard of its fundamental characteristics. Criminal type, describing、researchingand applying the criminal law using the type of method to make the value of fairness and justice can berealized. On our country’s criminal law, the type is a new category, it is great advantage of expanding anddeepening the study of constitutive elements of crime be of; it shows that grasping the legal principle ofcrime and punishment and the essence of the interpretation of criminal law has positive effect to solve theproblem of China’s criminal legislation and judicial practice in various problem. China’s present criminallaw is clearly lacking of type thinking, although many scholars consciously or unconsciously using it, littlesystematically talking the effect of the" type" in the criminal law of our country, the confusion of the type,the application of the type in our country and the type ‘s tendency,etc. Based on this, this paper based onour country’s criminal law study of the type’s situation, reasonable draw lessons from foreign criminal type’s advanced experience, so to give some suggestions to perfect the type of our criminal law, break ourresearch situation and guiding the criminal justice.Besides the introduction and conclusion, this paper is divided into the following three parts:Part1: The basic theory of the criminal law type. Firstly, this part gives a more comprehensiveoverview of the criminal law type. On the basic of Anglicizing the characteristic of the criminal lawtype(comprehensive thinking, open thinking, meaning thinking), the typed thinking and the conceptualthinking are compared, and discusses the implication of the methodology and the theoretical foundation ofCriminal typed, pointing out that its methodology implication towards the norms of criminal law, theimprovement of criminal law legislation and the reorganization of the principle of clarity, the theoreticalfoundation is the rational expectations and justice; Secondly, this part analyzing the role of the type deeply,it is that ensure the criminal justice system, promote the criminal law efficiency, ensure the stabilization ofthe criminal law and enhance the criminal reasoning benchmarking. Finally, this part gives some questionsthat the criminal law types should be noted, including that The confusion of the criminal law typed-limitedrationality and legislative technique; the relationship between criminal law type and the principle of crimeand punishment; the criminal law type and the analogy to explain, criminal Law typed does not exclude theexistence and application of the concept.Part II: The practice of the criminal law type. First of all,this part analyzing the application of thecriminal law type in our criminal law, it’s including that the provisions of the sin is in the criminal law, theprovision in the constitution of the crime, the application in the criminal explanation and the reflections inthe criminal justice syllogism reflected. Secondly, this part introduces the typical use of the criminal lawtype in foreign countries. Common law of civil law-the types of crime, from "the behavior type"to"illegal type"to "liability type "and finally to "the types of crime", the study of civil law constitutiontheory achieve the type of crime; the common law-sentencing typed. The outstanding performance is <theUnited States Sentencing Guidelines>: According to the behavior within the elements as well as other keyelements that may affect the penalty severity to quantify the sin and the punishment extent precisely, itsroot is the use of the type in the U.S. criminal justice has been developed from the criminal behavior type tothe offender type. Part III: The perfect theory of the criminal law type. On the basis of the first two parts comprehensiveanalysis, this part noting that the use of the criminal law type in our country is confined to theunderstanding of the constitution and doesn’t expand the use of type, but in fact the type of thinking canadvance to throughout territory of the criminal law, in the help of the type, China’s criminal system willbecome structured and brand-new look. So put forward the outlook of the type of our criminal law-thewhole type of Criminal Law: the type of crime, the type of crime negates, the type of offender and the typeof sentence.