Research On The Solid Evidence Of Application Of Informal Legal Source In Criminal Cases

In the current society,the principle of legality has laid a foundation for China's formal legal source and is an unshakable principle in the criminal law.Besides,to maintain the stability and authority of the criminal law,it is a must to strictly abide by the statute law.By comparison,the research efforts of informal legal source seem worthless.However,that is not the case.Influenced by the feudal regime for thousands of years,Chinese society had been defined as a society of etiquette and custom,so everything,including the law,was influenced by human feelings and ritual.But the present theory and judicial practice are still disconnected to a large extent.Although we have had a clear idea of the Practice Act,facts show that some informal legal sources are still vital enough.Therefore,when handling some special cases,relying on statute law only is hard to become the reasonable basis for handling special cases.Given this,the trial basis involving morality and human feeling in the informal legal source is useful.This paper selects 21 cases to show the role of informal legal source in juridical practice.The second chapter of this article introduces the three basic forms of informal legal sources in criminal cases: habits,ethics,and social emotions.The third chapter is to show the status and value of informal legal sources in judicial practice by listing three kinds of criminal cases with special relationships between ethnic minorities,relatives,and acquaintances.The fourth chapter of this article introduces contemporary The four basic methods for applying informal legal sources in Chinese criminal cases are legal interpretation,reasonable consideration,criminal reconciliation,and balance of interests.Chapter 5 makes a new theoretical reflection on the principle of legally prescribed punishment for crimes by combining the above cases in this article.