The Study Of Legal Fiction In Criminal Law

Legal fiction originated from ancient Roman law and has been favored by legislators since its birth.There are many legal fictions in our criminal legislation and are widely used in judicial practice.Even as an important basis for conviction and sentencing,a systematic and comprehensive study of the legal fiction is helpful to clarify the theoretical controversy and provide the basis for the later criminal legislation and judicial application.Legal fiction is an important legislative technology that legislators consider based on a certain public policy or legal value and deliberately treat those who know as different and endow them with the same legal consequences so as to meet the needs of the society.The legal fiction in the criminal law of our country has the characteristics of specific form of expression,different fictitious facts,equivalent infringement of legal interests,legal qualification of applicable scope,and so on.There are important differences between legal fiction and criminal presumption,transformation of crime,attention to regulation and other related concepts in criminal law.The accurate analysis of legal fiction and criminal presumption is directly related to crime and non-crime,and the identification of this crime and other crimes.The legal fiction in the criminal law is conducive to coordinati ng the contradiction between the legal system and the social needs,fully realizing the balance between crime and punishment,satisfyin g the need of legal economy,and carrying out the criminal policy of combining leniency and severity with punishment.The analogies o f legal fiction belong to "legislative analogies",and the risk of anal ogies also exists.Legislators should not rely too much on this legis lative technique.Improper 'fiction will destroy the balance of the fu nction of criminal law and aggravate the tendency of severe punish ment.Theory of the constitution of aerial crime.Although there is a risk of legal fiction,but abandoned this important legislation is no t good,so we need to define the legal fiction,the subject should b e limited at the legislative level,the legal fiction should follow the principle of legality,the principle of preparation is prepared,the p rinciple of necessity to set the rules.There are a large number of legal fictions in the current criminal law of our country,both the fictitious crime as that crime,but also the illegal act as a criminal act,several crimes fictitious as a crime.Through combing and analyzing these articles,it is helpful for us to further understand and grasp the important legislative technology of legal fiction,and to provide some references for the definition of crime and non-crime in judicial practice.