On The Relationship Among The Fundamental Principles Of Criminal Law

At present,the theory and practice pay more attention to the interpretation of the individual basic principles of criminal law,while ignoring the research of its internal relationship,which will bring a lot of theoretical disputes and practical difficulties.The extensive debate over the form and substance about the principle of legality and interpretation to criminal law in the theory and the segregation phenomenon of legal and reasonable in the conviction and sentencing activities are closely related to this.The text explore the inherent relationship using the three basic principles of the legislation of the criminal law as an example, in order to solve the important issues and to promote its deep concern and rational application for theory and practice.The whole thesis is divided into four parts altogether:The first part“logical premise of the internal relationship”is the logical basis for the full text,mainly comb its concept and types,which must be resolved in the research.The basic principle is the embodiment of the spirit and concept of the criminal law,which runs through the criminal rules,so as to guide and restrict the activities of criminal legislation and criminal justice.As the main object,its types are different in different countries as well as between theory and criminal law.Based on the factual and normative considerations,the object should be limited to the three basic principles which are expressly provided by criminal law,so as to get the certain realistic rationality.The second part "theoretical analysis of the inherent relationship" is an important basic theory of the text,deeply analyze the specific content,theoretical basis and requirements of the internal relationship.The concrete content is that each principle is equal as well as correlative and uniform.From its theoretical basis,such a relationship is not only consistent with holistic thinking of the system,but also with the systematic requirements of the codification.This relationship decides that the law in the principle of legality should be the unity of form and substance,which need to be applied by the comprehension of general and specific provisions of criminal law.Meanwhile,legality is the organic unity of formal rationality and essential rationality,which makes the rationality as its content.The third part "study of the dilemma of ignoring the internal relationship" mainly investigate the problems.There has been widespread controversy about whether there is a conflict between the form and substantial side of the legality and the implementation of the essence.According to the rank of the formal and substantive interpretation,there are two opposing views.In the process of the crime establishment evaluation,social harm is also controversial because of its normative.In the sentencing process,the legitimate and reasonable separation phenomenon also occurred from time to time such as Xu Ting case.Fundamentally speaking,these disputes and difficulties are derived on the ignoring of the related and organic relationship of principles,thus resulting in the separation between the legitimate and reasonable,organic and unified in the settlement of specific issues.The fourth part "break of the dilemma in internal relationship" is the solution,focusing on analyzing the path selection of solving theoretical and practical issues.The internal relationship decides that there does not exist priority between form and essence,legitimate and reasonable,satisfying the request is in accordance with the relevant provisions.Thus,the legality is the unified of the form and the substantial and each has its own judicial realization path.In the interpretation of criminal law, human rights protection is the premise of the combination of formal interpretation and substantive interpretation,construction of specific ideas and methods is the key.In the evaluation of crime,it needs to realize the organic unity of form and substance. In the conviction and sentencing activities,the meet of the legitimate and reasonable cannot realize without a comprehensive application of the criminal law provisions and the real interpretation and value judgment.