The Comprehension And Application Of The Article 13 Of Chinese Criminal Law

We are at a transition period regarding criminal code theory in our country.The academia is divided into several schools and the quarrel between different schools had broken the balance of traditional criminal code theory on some degree.The concept of crime,as the fundamental issued of criminal code theory had become the strategic high land with loads of literatures."Crime is significantly minor and harmless" is a crucial part of "proviso" in criminology concept;and the adoption of "proviso”in law practices depends on the understanding of concepts.In the early stage,scholars with different opinions only attempt to analysis "proviso" sections under the traditional criminology theory of "four key parts" in law practices with their primary focus on the application function of "proviso" but did not focus on the depth of the "provision" practice and the whole structure of criminal codeAs a special "proviso" section,Section 13 of PRC's Criminal Code is not only a"declaration" for the legislators themselves,but also an indirect "guideline section" for jurisdiction.The understanding and application of "proviso" is an unavoidable topic for the criminology academia and justice practice academia.As the light punishment revolution in our country moves forward,the mechanism of "proviso" judgement had become the major issue.Some scholars regard the "proviso" as a breakthrough of criminology justice theory.More supporters think that "proviso" saves justice resources.In the justice practice academia,there are multiple cases using "proviso" section to convict suspects.However,there are numerous uncertain factors in the justice practice,such as the pre-condition,application scope and the application cause of the "proviso"had many deviations to cause different convicts in different cases.This article starts from the concept of "proviso",systemically analyzed the factor of "proviso”as "plot","significantly minor" and "harmless",using 102 cases to prove this opinion,discovering that there is no unified standards and position of "proviso"section in criminal justice practice and the chaos of application.There are risks of quotation errors,over application and abuses on law.The foundation of misinterpretation of "proviso" section exists in multiple aspects,including the controversy between"proviso" and criminal constitution.