Research On "Attention Provision" In Chinese Criminal Law

Each norm in the criminal has its specific mission, the boundaries between the norms are clear, specifications are associated together by the particular logical relation, common to regulate the behavior of the main body, and this should be the ideal state of application of the norms of criminal. But the truth is that the social life is very rich, the criminal behavior that the actor implements in not always consistent with the type of behavior in the criminal law, this is because no matter how comprehensive the norms of criminal law, in the face of endless social life, there are always stretched condition. In order to effectively deal with the emerging crime patterns, it is necessary for legislators to include in the criminal law as far as possible. This makes it inevitable that there is a similar or similar situation between the specification and the specification, which is likely to interfere with the judgment of the judicial officers. In view of our country current judicial personnel’s overall legal level is still relatively low, the legislation of the criminal set the ”notice” in the provisions of the form of tips, in order to avoid judicial practice in the application of criminal law norms of confusion.From the perspective of methodology, the “attention provision” is a kind of legislative technology, which is presented in the form of “attention provision” in criminal law. In Chinese criminal law, “attention provision” has a unique legislative background; definition of the “attention provision” refers to the correct application of the crime. The identification of “attention provision” is mainly focused on the distinction with the legal fiction, the boundary of the two should not seek universal standards, but to return to the basic provisions of the dispute clause itself, through the analysis of the relevant criminal law theory involved in the provisions, and combined with the content of the “attention provision” to judge the nature of the controversial terms. In addition, the definition of the “attention provision” is also related to the distinction between it and the “basic provisions” and “conflicting rules”, the solution to this kind of problem should refer to the “fundamental” standard, that is, to return to the dispute itself, through the analysis of the specific content of the provisions of the appropriate conclusions.Legislators set the “attention provision” of the purpose is to cause the attention of the judicial functionary, the most important value of “attention provision” is to guide the norms of criminal law. If a “attention provision” not played a guiding role in the criminal law, on the contrary, it brings difficulties to the judicial practice, then the provisions would lose its meaning, for such provisions, the author thinks that it is necessary for the competent authorities to make appropriate responses, in order to achieve the correct of the judicial practice.