| In recent years, the process of some difficult criminal cases and the results show that there is a certain tension between law and justice of entity. "Take the fact as the basis, take the law as the criterion" as the criterion of judicial cases already can’t satisfy the legislation and the law applicable to the pursuit of justice, especially when dealing with some difficult criminal cases.To analyze this problem, we will find that, the key to solve this problem is to clarify the criminal law system(here is the system of criminal law in broad sense which contains criminal theory system penalty system itself and its internal relationship). The basic way of solving these problems need to explore the philosophy of criminal law.Only an accurate definition of philosophy of criminal law, and to clarify the internal relationship between itself and the problems, in order to solve the problems encountered in application of law to provide explanation. Therefore, to discuss the philosophy of criminal law is not only confined to the theoretical level, it is also reflected in the value of guidance and application injudicial practice. However, if the definition of the philosophy of criminal law is not accurate, it is difficult play its value on the one hand, on the other hand also makes the theory of chaos.So, what is the philosophy of criminal law is a what kind of discipline? It should be how to define? The philosophy of criminal law in the end what is the significance? These are what this paper concerns. The starting point of this series of problems is how to understand the philosophy of criminal law, we mainly to the philosophy of criminal law and the definition of meaning as the breakthrough point, through to the Chinese and foreign criminal law theory development context, comparative philosophy of criminal law and other easily confuse concepts,so as to get the accurate definition of philosophy of criminal law, and the basic categories and the boundary of it is to make a simple description. |
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