On The Marginal Facts And Their Effects In Criminal Defense Cases

The " marginal fact theory" discussed in this paper is a further demonstration and expansion of the concept of " marginal fact" put forward by Shen Deyong through Yu Huan case.The author deeply explores the connotation and extension of the concept of marginal fact,and on the basis of redefining the concept,discusses how to use it to offset the sentence,and finally establishes the theory of marginal fact,so as to promote the improvement of our legal rules in dealing with similar cases.In this paper,Yu Huan case as an example,by refining the marginal fact in Huan case,leads to the marginal fact theory.This paper is divided into introduction,three chapters and conclusion.the introduction introduces the background,purpose and significance of this paper.The first chapter takes Yu Huan case as the breakthrough point,first introduces the basic case of Yu Huan case,analyzes the marginal facts involved in the Huan case and the influence of the marginal facts on the judgment of Huan case.The second chapter discusses how to define the marginal fact,or how to identify the marginal fact.Based on the concept of marginal fact put forward by Shen Deyong,the author redefines the marginal fact.That is,the marginal facts put forward by Shen Deyong are further analyzed and summarized,which are summarized as the antecedents of the crime and the relationship between the marginal facts and the core facts of the crime.In the third chapter,the author summarizes the theory of marginal fact,and designs the sentencing method and standard of offsetting sentence in the theory of marginal fact,and then expounds the specific social benefit and expected effect brought by the theory of marginal fact,that is,the theory of marginal fact can better realize judicial justice and improve the social satisfaction of case judgment.Finally,further clarify the purpose of this paper,that is,the application of marginal fact theory in judicial practice is necessary and indispensable,and put forward legislative proposals.In the author's opinion,the victim's fault theory in the traditional criminal law theory can not explain the marginal fact perfectly.Therefore,the innovation of this paper is to put the concept of marginal fact put forward by Shen Deyong into concrete form,and create the sentencing method of offsetting the sentence in criminal defense cases,in order to make up for the defects of legislation on such cases,such as the crime and punishment does not adapt to or sentencing standards are not clear,in order to ensure that the parties are treated reasonably at the same time,also provides a clear sentencing methods and standards for judges to judge such cases.In addition,clear and specific sentencing methods can not only increase the social recognition of the case,but also help the public feel fair and just in the process of clear and reasonable judgment.