Research Of Criminal Law Circumvention

The criminal law,a “law as it is ” created by legislator,has many loopholes because of its imperfection.Criminal law circumvention,which is a result of using such loopholes,contains the principles of legislative methodology,regulatory hermeneutics,criminal policy practice,the principle of criminal law modesty and the right to freedom of the people.After study the causes and description of criminal law circumvention,it can be found that circumvention is not only negative but also neutral and positive.Respecting to the freedom of general public,our laws should admit the effectiveness of victim-self-determination of neutral and positive criminal law circumvention behaviors and give some space to this kind of behavior from the aspect of extra-statute reason to hinder the illegality.At the same time,this space can be restricted by defining self-determination and legal paternalism,so that the judgment criteria is distinct and we do not have to worried about the abuse of circumvention duty to the unclear of its border.By studying the concept of criminal law circumvention and demarcate its border,malignant circumvention behaviors are able to be prevented and sorted through legal interpretation and other ancillary means.