Essence Of The Theory Of Criminal Law Explain Advocate

In the interpretation of the criminal law and the applicable, there is substantial criminal law theory explanation of criminal law and explain the form of struggle.Form of criminal law theory to explain that punishment regulations of the form, literally, logical explanation, the substance of the criminal law theory to explain that punishment regulations of the essence, value, and the purpose of explanation. To the interpretation of the elements cannot stay in the law of the literal meaning, must be beneficial for guidance law, make the illegality of the behavior and fulfilling sex to be inflicted upon the degree of punishment is; Based on the principle of a legally prescribed punishment, under the premise of can make expand explain, in order to realize the TuoDangXing punishment. In explaining constitutive requirements, not from the case facts; Legal questions to meet, can’t will benefit the defendant as explain the principle. Explain theory essence and maintain the form of socialist legal punishment of side and essence profile, is advantageous to realize the rationality of the punishment scope, and to realize the function of the elements. The substance of the criminal law theory to explain the form is the discard of the explanation of criminal law, it is not only the norms of criminal law and the characteristics, structure, content is consistent, has the methodological rationality, but also meet China’s criminal law countries the goal and the principle of a legally prescribed punishment for both form and essence of the side side requirements, adapt to the crime in our country and the concept of a crime system of form and essence of the unification of characteristics, with advantageous rationality. Therefore, Chinese criminal law should be established and the implementation of the essence of the explanation of criminal law position.Full text is divided into five parts:The first part of this explanation of criminal law theory essence and the form of the theory of criminal law explain differences. This part of the first described respectively explanation of criminal law theory and the form of the essence of the theory of criminal law and establish explain generated from the understanding the difference between the two. And then separately from the principle of a legally prescribed punishment for the understanding, to the crime constitution theory understanding, to the understanding of the punishment scope of three aspects the difference between the two. These differences form the two kinds of criminal law is an important content of explanation.The second part of the explanation of criminal law introduced the research status of essence. First Outlines two common explain the general situation of the criminal law. Next to Britain, the United States, for example introduces the characteristics of the British and American national essence explain. Once again in Japan, Germany as an example, introduces the characteristics of the essence of Germany’s explanation. Today, most countries adopt the essence of the criminal law limit explanation.The third part discusses the essence of the explanation of criminal law of the basic content. First to correctly understand the essence of the theory of criminal law explain connotation. On the basis of summing up out of the material of the theory of criminal law explain features:mount benefit for guidance, the entity is illegal and criminal responsibility, the reasonable explanation, the expansion of appropriate constituents in range. Explanation of criminal law theory of substantial have concrete comprehensive understanding, also criticized the form of the shortcomings of the criminal law theory explanation.The fourth part discusses the superiority of the explanation of criminal law theory essence and risk. Superiority is to advocate the cause of criminal law theory essence of explanation. Explain the advantages of criminal law theory essence reflected in three aspects:has the rationality of the methodology, conforms to our country criminal law the requirements of our country, and the kingdom of the crime of system are in agreement. Explanation of criminal law theory essence help guarantee citizens’human rights and substantial justice targets. In certain at the same time, it is more reasonable explanation of criminal law theory put forward the essence of the defects and puts forward how to avoid some method.The fifth part focuses on the essence of our country criminal law in the spread of explanation. First through the law profit guidance to show in the use of our country essence explain. And then borrow a behavior by the judge to crime and from sin, the definition of the two aspects to show in our country criminal law the essence explanation on, thus advocate essence the explanation of criminal law theory. Essence can explain from the essence of criminal law better explain crime and grasp of crime, realize impartiality and rationality.The conclusion, the author advocates express explanation of criminal law theory essence problem for its enlightenment, and once again the stated purpose of this study and involved and discusses related issues to the regret.