Probe Into The Position Of Should Be Punish By Criminal Law In The Theory Of Criminal

The crime theory is the cornerstone of the field of criminal law.For years,about the concept of crime in criminal law field schools of thought contend is discussed.Harmful to the society、 Criminal illegality by the great attention of scholars, each view has its rationality,but also cause whole confusion of the concept of crime,in the judicial process is difficult to clarify the idea,in recent years,some criminal cases controversy just confirms this point.Besides,influenced by the Soviet Russian criminal law,Should be punished by law has been neglected,makes the criminal law on the conviction and punishment is difficult to find a standard.Nowadays In the international community to carry out the concept of punishment, cautious punishment widely,Should be punished by law is worth researching.some shortcoming of uncertain of social harm,form of Criminal illegality,cause that the current criminal system is difficult convincing.So we have reasons to be more attention on should be punished by law.should be punished by law can distinct between crime and reasonably general illegal,have sufficient guidance for our criminal legislation,improve our criminal legislation.lt can combine the theory of crime with theory of punishment,through penalty necessity, rather, feasibility investigation,reflect that restraining effect of punishment on crime,Through certain criteria,it can carry meaningful aspects identified crime,established as a condition of a crime.Should be punished by law could make up the shortcoming of uncertain of social harm,form of Criminal illegality,the complementary relationship of between social harm and criminal illegality, play a crucial role on conviction and sentencing accurately. Should be punished by law has an extremely important role on the construction of the rule of law.it not only meet the requirements of the entire Chinese national conditions and building a harmonious society,guidance legislative judicial activities,but also follow the international trend, the full protection of human rights of citizens.It is not hard to see that should be punished by law play an important role for dealing with some controversial theories play,in practice, judicial staff also try to use should be punished by law to solve criminal cases.lt not only makes justice more fair and lawful,but also better able to regulate social relations, to protect fully human rights, handling of the case could receive better social effects.Construction of China’s Criminal Law have some inadequate.we can learn from foreign advanced theoretical results,some scholars draw crime system of civil law countries,as the key to get rid of the Russia theory in China’s Criminal Law, and construction theoretical system with characteristics Chinese Law.but learning does not mean copy foreign models, history shows us, copy does not necessary to solve all the problems,the consequences are devastating and even. As a social studies,Rigor, punitive of Criminal law require us to pay special attention to China’s specific conditions,and don’t trend the other extreme because of its defects. Its destruction to tear down the existing criminal justice system rebuild, it would rationalize the existing system of criminal law theory, theory of defect repair.Reference on should be punished by law,we can department timely detect and correct loopholes in criminal law and deficiencies,penal construction will be able to receive better legal and social effects.I expect that should be punished by law can get more attention,play its important role on construction of China’s criminal law theory,building the harmony society.