The Research On Save Clauses Of The Criminal Law

With the increasingly rich social life, the complicated legal cases emerge in endlessly. From a criminal legal point of view, wrong cases being not a few, reasons for existence are that in addition to mistakes existing in the judicial practice, the mechanism of the criminal law on the rigor and the interpretation of the law has loopholes and the insufficiency. So further, comprehending of the criminal law provisions and reducing incidence of wrongs, popularizing knowledge of criminal law and propagating law consciousness have become one of the important ways. As an integral part of the criminal law, save clauses are natural in the column of interpretation and increasingly become an important node in understanding and applying the criminal law by minor authorities. Analysis on save clauses in the criminal law of our country has great meaning and value. The value of the criminal law is the guarantee of human rights and the research on save clauses is beneficial to the clarity of the provisions, to further safeguard the criminal human rights. Researching and perfecting the interpretation of the rules in save clauses will help to resolve the new complex cases, increase flexibility of using, strengthen the authority of criminal law. To prevent the abuse of judicial power, regulate the judiciary’s bad behavior, improve the judicial mechanism and keep clean impartiality of justice, we should research and analyze save clauses.However, legal workers are easy to misunderstand the use of save clauses in real life, which have direct influence on the application of the law and threaten the human rights of criminal. Therefore, reasonable interpretation of save clauses in criminal law is helpful to realize the significance of above all. This article use the empirical research method and the method of literature research, through the research of previous work, sum up out of the criminal law provisions to write overview, analysis out clause causes and existing problems, and then combined with the relevant content of the clause in the foreign laws, at last put forward some suggestions about the terms of perfecting and reasonable use. Aims are to cause the attention of relevant scholars and judicial staff, to treat save clauses with rational analysis and interpretation again, then for the progress of civilization under the rule of law.