Research On Instantiate Provisions Of The Criminal Law

Our country penal code in 1997 to the introduction of the principle of a legally prescribed punishment for a specified in article 3: "law as a crime, convicted and punished in accordance with the law; law there is no crime, shall not be convicted and punished." Clarity is one characteristic of the principle of a legally prescribed punishment and the basic requirements. Provisions in the criminal law, however, generalization of the "other" or "such as" language high frequency use and using way, express different meaning, whether its departure from the clarity of the principle of a legally prescribed punishment for a specified requirement, should be how to explain and apply correctly is a problem worth studying criminal law theory.In this paper, on the basis of combing cases stipulated in criminal law legislation, looked at it with the relationship between the clarity demand, analyzes the problems in the cases stipulated in criminal legislation and judicial practice, and put forward the perfect path. In addition to introduction, the full text is divided into three parts, a total of about twenty-five thousand words.The first part of "summary of Chinese criminal law cases stipulated in". Mainly to the legislation in China, the current criminal law cases in carding, define cases stipulated in criminal law concept, analysis the characteristics of the cases stipulated in criminal law; Based on different classification standards and the use cases stipulated in criminal law are divided into conviction of patients of rules and sentencing in regulation, the cases of simple rules and complex cases in rules, a single law limits the example of the regulation and complex cases of law to limit the provisions, for the rules to analyze the cases of criminal law; Finally to exemplify stipulated in the criminal law provisions, combing exemplify logo words "other" or "wait".The second part "the clarity of the principle of a legally prescribed punishment for a specified requirements". Origin and meaning of the principle of a legally prescribed punishment for theoretical basis, the interpretation of clarity demand; Reinspect the pursuit of absolute clear the history of the penal code from the limitations of language itself, written in the properties of the criminal law, the restriction of legislative technique, the influence of the criminal policy argumentation is absolutely impossible; To determine whether the criminal law to achieve the greatest possible clarity, needs certain judgment method, this paper argues that to the understanding of ordinary people as the basic position, to understand the possibilities and predict possibility as the judgment standard.The third part "to the clarity of the principle of a legally prescribed punishment for a specified requirements review cases stipulated in criminal law". Before part of the establishment of the comprehensive judgment method to examine cases stipulated in criminal law, found its requirements exist between with clarity, meet after authoritative guidance, and is not in conformity with the three relations; To do not conform to the requirements of the clarity of the problems existing in the cases stipulated in criminal law, combined with typical examples on charges, from two aspects of criminal legislation and judicial practice to analysis; The clarity demand oriented, from two aspects of criminal legislation and the judicial practice consummates our country criminal law cases in rules.