The Research On The Deviation From The Purpose In The Application Of Criminal Law In China

The end is the creator of the whole law.Consequently,the end of criminal law creates the criminal law,and the criminal law works as the means to achieve the end of criminal law.The end of criminal law includes not only the purpose of protection of the legal interest and the guarantee of human rights as the first level,but also the purpose of the provisions of each section of the criminal law as the second level.Both had as the end of criminal law,either the guarantee of human rights or the protection of legal interests is indispensable.The purpose of the first level is deemed as the premise of second levels of purpose.The purpose of the second level is the materialization of the purpose of the first level.However in recent years,there has been a deviation from the purpose of the guarantee of human rights in the application of criminal law.As a result,this deviation directly leads to the formation of Criminal Misjudged cases.Not only was it reflected in the "Zhao Chunhua Case" as the typical conviction of the deviation of the purpose of the protection of human rights in criminal law,but also it was reflected in the typical sentencing of "Xu Ting Case" for the deviation of the purpose of the guarantee of human rights of the criminal law.In order to explore the factors of the deviation from the guarantee of human rights in criminal law,we should start from the aspects of concept,system and methodology.The conceptual factor is the long-standing concept of criminal justice "presumption of guilt" and the judicial philosophy of "homicide cases must be broken" concept of investigation system in our country;the institutional factor is the long-standing "investigation" of the judicial system;and the methodological factor is the truth that China's criminal trial for lack of purpose suitable interpretation method.Therefore,in order to solve the issues of the deviation of the purpose of guarantee of human rights in the application of criminal law in China,it is necessary to apply the criminal law to the purpose of returning to the criminal law.There are three layers of the path of regression.In terms of ideology,both the judicial concept of presumption of guilt and the concept that investigation that must be broken,so as to establish the judicial concept of "no doubt from sin"should be abandoned in China.As far as the system is concerned,judicial reform should be promoted and a new judicial system which is centered on trial is ought to be created.As far as methodology is concerned,the application of the teleological interpretation of criminal law should be strengthened in criminal trials of specific cases.It doesn't only calls for the strengthened application of teleological interpretation in the interpretation of conviction,but the strengthened application of teleological interpretation in the interpretation of criminal sentences.The adherence to the purpose of protecting the legal interests of the criminal law and the guarantee of human rights would be taken highly.We should also take the purpose of protection of the legal interest as equally as the purpose of guarantee of human rights in the applications of criminal law.As for the significance of the application of criminal law to the purpose of criminal law,the purpose of returning to the criminal law is helpful to the realization of the case justice.