A Study On Problems Of Decriminalization Focus On The Perspective Of Judicial Judgment

The crime of the crime and the crime of entering into the judicial activities are the two opposing and the same referee activities. For a long time the judicial system of our country pay attention to incriminate and ignore the crime, and in fact, in the crime process, to use binary mode of thinking, not only to consider positive factors contributed to the establishment of the crime, but also consider the exclusion of the negative factors of the establishment of crime, in order to reflect the protection of human rights, realization of judicial justice.From contact with the cases of acquittal, crime causes include:because of does not conform to the crime constitution should be a crime; because there is no illegality and crime; for should not be shall be investigated for criminal responsibility of the crime; due to lack of evidence and does not have causal relationship was found innocent. Show judge idle in the proviso in Article 13 of the application of criminal law stipulates the crime; Article three of criminal law principle of legality of half mechanical comprehension and application, led to a limited number of cases of crime; crime judgment is not much, but the crime of specific subject matter more diverse characteristics. In addition, the existence of some of the crime is not the true sense of the "crime" of controversy.The crime of judicial link can not be separated from the application of the subject of the crime, which is stipulated in the current criminal law and the judicial interpretation. To the criminal law, the judicial interpretation of the provisions of the application of the subject of the crime, in practice, there is still a specific application of the legal and illegal boundaries identified on the confusion and problems. China’s judicial interpretation of the provisions of the causes of crime, the content is more complicated, in order to provide standards for judicial practice, while the need for judicial personnel to further explain the case and reasonable application.How to respond to the specific issues encountered in the case of judicial cases. At the same time, the solution to the relevant problems in the future it is necessary to improve the system. In this paper are perfect our judicial out system of crime subject suggestions:reform law review of performance appraisal system; to super law the crime causes first through judicial interpretation to be recognized; and constantly improve the level of China’s criminal law the crime subject system; renovation program of acquittal, digestion is not conducive to the protection of the rights of the accused practices; using the binary mode of thinking, improving China’s criminal constitutes the system.