The Status And Application Of The Principle Of The Subjective And Objective Unity In Criminal Law

Unity principle of subjectivity and objectivity is an important principle of criminal law inChina, since the applied since, its meaning or expression is controversial nature. At each pointof view, Although there exist obvious differences, the interpretation of the principle points arethe same, that is to discuss the objectivism and subjectivism is the premise, and then explorethe unification of subjectivity and objectivity principle of nature description.unity principle ofsubjectivity and objectivity and subjectivism, objectivism relationship.subjective and objective unity of the principle of criminal law is not only the concept ofcriminal justice practice,but also criminal justice practice methodology. Subjective andobjective unity of the principles in the whole process of criminal justice practice, Only theunity of subjective and objective principles defined in the conviction, sentencing, execution ofall stages of the scope of application, in order to accurately grasp the correct application of thesubjective and objective unity of principle. The full text of about26,000words, This paper isdivided into third parts;The first part of this paper is the unity of subjective and objective principles of textualcriticism. First, from the theory of crime and penalty theory two angle to explore the law ofunity of subjective and objective principle of the essence connotation, Unity principle ofsubjectivity and objectivity is not confined to the constitution of crimes, but in theimplementation of the whole process of criminal judicial practice. The establishment of crime,punishment and penalty discretion requires not only the subjective and objective factors haveat the same time, but also to consider the relationship between subjective and objectiveelements. The unification of subjectivity and objectivity principle not only has thephilosophical dimension, is the practice of criminal justice idea, but also has practicalsignificance, is the criminal judicial practice methodology. Secondly, study criminal law unityprinciple of subjectivity and objectivity philosophical basis.The second part of this paper discusses the principle of correspondence betweensubjectivity and objectivity in criminal law. First, discusses the unity principle of subjectivityand objectivity and the essence of crime association. Secondly, discusses the unity principleof subjectivity and objectivity and the associated sex crime. Based on the principle ofcorrespondence between subjectivity and objectivity in criminal law status of Discourse: unity principle of subjectivity and objectivity as the criminal law philosophy has always beencarrying out in the practice of criminal justice, unity principle of subjectivity and objectivityand the theory of criminal law and criminal justice.The third part is the theme of unity principle of subjectivity and objectivity in criminallaw application. First, define the unification of subjectivity and objectivity principle in theconviction in the scope of. Unity principle of subjectivity and objectivity in criminal lawapplicable scope start only then preparation for a crime, criminal in the end termination. Thisdefinition is not only of the criminal law of our country specific requirement, it is theinevitable requirement of the crime punishment legal principle. Secondly, unity principle ofsubjectivity and objectivity in the sentencing discretion of the scope of application, its scopeof application start only then all generation, the end to the court to declare the punishmentbefore. In addition also examines other influencing the measurement of subjective andobjective factors, such as the behavior of the human daily behavior and behavior person to thevictim’s compensation. Finally, unity principle of subjectivity and objectivity in the executionof scope of application, the unification of subjectivity and objectivity principle applied to theexecution phase. Unity principle of subjectivity and objectivity in the execution scopedefinition is based on the execution of justice, individualization of execution punishmentvalidity, the inevitable requirement. In the criminal law, unity principle of subjectivity andobjectivity can science be applied, the need for unity principle of subjectivity and objectivityin the judicial practice at all stages of the scope of the appropriate definition.