On The Principle Of Legality In Criminal Law Of China: Dilemmas And Outlets

The principle of legality in criminal law as the basic principles of criminal law andit is occupies an important position in the field of criminal law.In this paper, the originand development Legality is the main line, which contacts the current status of theconstruction of the rule of law and attributes the cause of the Legality of the existenceof deficiencies in China’s legal system run. By the two research study legal system,combined with China’s political and legal environment put forward three targetedthinking,Themain body includes five aspects. The first chapter, the introduction of thearticle points out the writing background, the state respects and safeguards human rightshad written into constitution. Then, it is also point out the purpose of this article whichis to protect human rights.The second chapter, it is mainly introduced of theprinciple of legality in criminallaw. It is analysis the dilemma of theprinciple of legality in criminal law from its threeimportant aspects.The third chapter is analysis the cause of the plight of the special principle in Chinadetail. No healthy operation system to protect the principle of legality in criminal law isthe basic cause of principle plight of china. There is a clear contradiction between therequirements of the principle of legality and openness of the Chinese penal system is thecause difficulties for technical reasons. The error understanding of meaning and spirit ofthe special principle is the most important reason to cause China plight.The fourth chapter is present the countermeasure aim to deal with the plight ofchina. Firstly, we must establish a new concept of the principle of legality, and strive toachieve criminal law; Secondly, in judicial practice, we should give full play to theinitiative of the judge, that the implementation of the penalty and the establishment ofindividual judges Lord’s interpretation of criminal law mechanisms; Finally, it isrecommended to build a criminal case law system in China to address the plight ofclarity the principle of legality.The last chapter gives some supplement and prospects of this study.