Study On Judicial Practice Of The Principle Of Legality

Principle of a legally prescribed punishment is clearly stipulated in our current criminal law of a basic principle, specific refers to whether they constitute a crime, what kind of sin, and the conditions and problems such as how to punish the criminals are as set forth in advance through legislation, rather than later is, nor is stipulated by law to other way. For the specific provisions of criminal law has not made clear provisions of crime, according to the general criminal law and related judicial interpretation also can not find the source, shall not be convicted, also by way of criminal law and implementing punishment. This principle is an important principle in criminal law, is the important embodiment of the value orientation of criminal law, the spirit of the rule of law in the field of criminal law can be obtained from the principle of reflect.In October 2014, the fourth plenum of the communist party of China(18 review has passed a resolution to comprehensively promote the rule of law, decided to put forward "to realize the scientific legislation, strictly enforce the law, impartial justice, civil law" in accordance with the law governing the specific target, the target covers the communist party of China to further strengthen the independence of the judicature logical train of thought. Principle of legally prescribed punishment for a specified in our criminal law system, to better guide and promote scientific progress in the field of criminal law, criminal law can more effectively promote through role play to the function of human rights protection, make the criminal law really become an important legal guarantee of citizens’ human rights. More importantly, the principles of criminal law to prevent the abuse of judicial organs, improve the law enforcement concept of criminal justice law enforcement officers, establish the basic requirement of governing the country according to law, the establishment of this principle is of great value.About the position and role of this principle in criminal law, whether domestic or international scholars have a lot in this paper. This paper with the method of logical analysis, the current domestic about the principle of a legally prescribed punishment for the analysis of existing problems in the judicial practice, pay attention to the positive role of this principle in our country criminal law enforcement and judicial and practical significance. In addition, due to the principle of a legally prescribed punishment for a lot of problems in judicial practice, such as the consciousness of "ranking in the judicial activities, the judiciary does not fully independent, etc., are to a certain extent, affects the authority of the law, also damage the legitimate rights and interests of citizens. For these existing problems, and necessary to study.This article points in addition to the summary and the introduction is divided into four parts:The first part, mainly discusses the interpretation of the concept of the principle of a legally prescribed punishment, analysis the basic legislation. Pointed out in this section the meaning of the principle of a legally prescribed punishment, namely law not does not constitute a crime and without penalty, which has double value: on the one hand, emphasizes the statutory crime and penalty, on the other hand emphasize the crimes for freedom.The second part, the principle of a legally prescribed punishment for a specified value analysis. From the principle of a legally prescribed punishment for a sure has the value of criminal law legislation, consummate the criminal legislation to punish when its sin, and to have been due shall be investigated for criminal behavior. At the same time, also have the judicial value, let the judicial workers in the process of law enforcement and judicial seriously follow this principle, in order to better achieve the function of criminal law value. This part also explores the principles in the current criminal law enforcement and the judicial practice in the development and principle of a legally prescribed punishment in criminal legislation, criminal justice, and the role of the protection of the rights of the citizens.The third part, on the principle in criminal law enforcement and judicial practice in the field of the analysis of existing problems in the process of research, this part is profoundly expounds the principle of criminal law and judicial interpretation of the conflict, the principle of a legally prescribed punishment and discretion, the application of the principle of a legally prescribed punishment and doubt from sin without problems. For the article discusses how to perfect the principle of a legally prescribed punishment and its applicable to provide solid premise condition.The fourth part, this part aims at the specific law enforcement in the judicial practice of the current our country implement the principle of a legally prescribed punishment for a specified existing problems and its reasons, on how to better apply the principle of the reasonable Suggestions were put forward for reference. On the basis of above analysis, this part put forward the corresponding countermeasure, expect to improve the quality of the judicial community, and perfect the legislation, clarify the boundary of the legislative interpretation and judicial interpretation, to strengthen the supervision of discretion.