Research On The Application Of The Proviso Of Article 13 Of Criminal Law

The proviso of article 13 of the criminal law is faced with many frustrations on the way of judicature because of its single wording and vague meaning.After a detailed and detailed clarification of the connotation of each part of the "proviso book",it can be seen that behind the semantic vagueness of the "proviso book" is an extremely rich and plastic connotation and function.Of course,due to the inherent single and vague defects of the proviso,there are some disadvantages such as lack of sufficient reasoning and misunderstanding in the practice of judicature,which lead to the same case and different judgment.Therefore,it is urgent to standardize and institutionalize the judicial application of the proviso.In addition to the introduction and conclusion,this paper is divided into three parts:The first part clarifies the connotation of "proviso book".This paper elaborates and analyzes the three concepts of "obviously slight plot","little harm" and "not considered as a crime",and clarifies the internal logical relations among the three concepts,so as to make theoretical preparation for the following empirical research.In the second part,the author makes a theoretical and empirical study on the status quo of the judicialization of the proviso.Starting from the academic debate on the judicialization of the proviso,this paper expounds the judicial application value of the proviso,analyzes and summarizes the current application status of the proviso,and draws the conclusion that there is chaos in the current application of the proviso.The third part of this article tries to put forward the doctrines and institutional approaches to regulate the application of the proviso.By connecting the abundant connotation of "proviso book" with the dual theories of punishability and functional responsibility,and constructing the normative system of the argumentation of "proviso book",the applicable argumentation of "proviso book" has not only the reference of theoretical standards but also the guarantee of system.The abundant connotation of the proviso should not be ignored.Instead,it should face up to the practical problems of the proviso and try to solve the applicable standardization problems theoretically and systematically,so as to give play to the function of the proviso in limiting the penalty power and protecting human rights.