Research On Criminal Law Of The "Case More People Less" Judicial Dilemma

People at present,how to effectively solve the criminal "case many people less" trouble is one of the core issues of judicial justice,practice from the criminal justice system reform,optimize various perspectives such as criminal procedure has carried on the beneficial exploration.However,our country "case" less trouble produces not only social transition of normal phenomenon,because of understanding and application of the criminal law is more erroneous results in the decrease of the criminal threshold,so that large amounts of criminal cases included in the category of criminal law evaluation.Therefore,it is necessary from the perspective of criminal law,for this dilemma excavates behind the sticking point of criminal law,and through understanding to guide the judicial application of criminal law,criminal law will lead to a criminal "case people less troubled factors out of criminal law,in order to alleviate the dilemma,provide useful guidance for the criminal justice activities.Full text in addition to the introduction,which is divided into four parts:The first part,the investigation of our country's criminal "case many people less" judicial predicament and the solution of the existing model.A large amount of data and facts show that many areas in China there are serious criminal "case many people less" judicial predicament,our country criminal justice from the perspective of the optimize allocation of judicial resources mainly adopted to perfect the summary procedure.So solve pattern certain achievements have been obtained at the same time,also gradually predicament "case many people less" bottleneck of repeated practice,and even a formal,criminal trial procedure affected complications such as entity justice,need to increase the Angle of criminal law review.The second part,the argument of our country's criminal "case many people less" judicial dilemma exists the problem of criminal law.Pure procedural solve model ignores the root of the problem of "case" and the focus,the expansion of the crime ring and crime falling threshold of exceeding the number of criminal case judicial burden are the important reasons.Specific view,social transition to the need of social defense of criminal law,doctrine of tools,universal easily applicable criminal law,under high is that led to a criminal case in criminal law idea factors;Under the rule of law in the process of criminal law for criminal law to the social life in surface extension under punishment and misdemeanor expansion,is the criminal law of criminal cases increased structural factors;Ignore the essence of the guilty standard in criminal justice,criminal law applicable isolated one-sided,criminal cases is increasing technical factors of criminal law.The third part,to solve our country's criminal "case many people less" judicial dilemma of the criminal law theory.Outside successfully experience to "case many people less" must be on their own on the solution of the dilemma of criminal pattern,the reform of criminal procedure structure and implementation must be kernel support for the country's criminal entity.So,from their own experience of facts and adhere to the perspective of localization,the solve the problem shall be repeated and set up correct concept of criminal law,under its own criminal law system restatement of crime and crime is maintained.Specifically,adhere to the austerity of criminal law in criminal legislation and judicial implementation,to prevent the abuse of the power of penalty,as a fundamental criterion for identify and deal with criminal case.Under this,we need to correctly understand China's hybrid crime concept,establish systematic criminal law applicable scientific method,to reverse the current error,accurate definition of crime and the crime,plans to go out from the perspective of criminal law to solve our country criminal "case many people less" judicial dilemma theory way.The fourth part,solve the criminal "case many people less" judicial predicament of specific measures of criminal law.Under the guidance of theory of criminal law way to criminal procedure process,using the program filter,natural function through the shunt,the correct understanding and scientific criminal law applicable to exclude cases should not be criminal law regulation of the criminal procedure.Mainly includes the standard in the criminal prosecution stage clear put on record,investigation link explicit compulsory measures according to the applicable entity,link to establish examination and prosecution should not be punished punitive as decided not to Sue a standard,trial link correctly apply,ensure fair and effective judgment criterion for the conviction of criminal law in order to prevent the secondary action.Through this screening,solve the current "case many people less" judicial predicament,more to ensure that criminal justice.